HOUSE Substitute For
Senate Bill No. 927
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
by amending sections 2, 3, 6, 11, 11a, 11d, 11j, 11k, 11m, 11p, 11s, 15, 17c, 18, 18a, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 28, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 35b, 39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61d, 62, 65, 67, 74, 81, 94, 94a, 95b, 98, 98a, 99h, 99s, 99t, 99u, 99w, 99x, 101, 104, 105, 105c, 107, 147, 147a, 147c, 147e, 152a, 152b, 163, 201, 202a, 203, 205, 206, 207a, 207b, 207c, 209, 209a, 217, 222, 223, 226, 229, 229a, 230, 236, 236b, 236c, 237b, 238, 241, 242, 245, 245a, 256, 263, 264, 265, 265b, 267, 268, 269, 270, 275, 276, 277, 278, 279, 280, 281, 282, 289, and 296 (MCL 388.1602, 388.1603, 388.1606, 388.1611, 388.1611a, 388.1611d, 388.1611j, 388.1611k, 388.1611m, 388.1611p, 388.1611s, 388.1615, 388.1617c, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1628, 388.1631a, 388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1635b, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1651f, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b, 388.1698, 388.1698a, 388.1699h, 388.1699s, 388.1699t, 388.1699u, 388.1699w, 388.1699x, 388.1701, 388.1704, 388.1705, 388.1705c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1747e, 388.1752a, 388.1752b, 388.1763, 388.1801, 388.1802a, 388.1803, 388.1805, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1817, 388.1822, 388.1823, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1842, 388.1845, 388.1845a, 388.1856, 388.1863, 388.1864, 388.1865, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1889, and 388.1896), section 2 as amended by 2018 PA 227, sections 3, 203, 222, 223, 237b, and 275 as amended by 2017 PA 108, sections 6, 11p, and 104 as amended by 2020 PA 149, sections 11, 11m, 20, 22a, 22b, 26c, 31j, 32d, 51a, 51c, 61a, 94a, 95b, 99h, 147c, 147e, 201, 236, and 256 as amended by 2020 PA 146, sections 11a, 11j, 11k, 11s, 15, 18, 20d, 20f, 21h, 22m, 22p, 24, 24a, 26a, 26b, 31d, 31f, 31n, 32p, 39, 39a, 41, 51d, 53a, 54, 54b, 56, 61b, 61d, 62, 65, 67, 74, 81, 94, 98, 99s, 107, 147, 147a, and 152a as amended by 2019 PA 58, section 11d as added by 2020 PA 146, sections 17c, 35b, and 99u as amended by 2018 PA 586, section 18a as amended by 2015 PA 85, sections 22d, 25f, 25g, 31a, and 35a as amended by 2019 PA 162, section 54d as amended and sections 28 and 51f as added by 2019 PA 58, sections 55, 99t, 152b, 226, and 229 as amended by 2018 PA 265, section 98a as added by 2020 PA 149, sections 99w and 99x as added by 2018 PA 586, section 101 as amended by 2020 PA 148, sections 105 and 105c as amended by 2008 PA 268, section 163 as amended by 2018 PA 266, section 202a as amended by 2016 PA 249, sections 205, 238, and 242 as amended by 2012 PA 201, sections 206, 207a, 207b, 207c, 209, 209a, 217, 229a, and 230 as amended by 2019 PA 52, sections 236b, 236c, 241, 245, 245a, 263, 264, 265, 265b, 267, 268, 269, 270, 276, 277, 278, 279, 280, 281, 282, and 289 as amended by 2019 PA 62, and section 296 as added by 2011 PA 62, and by adding sections 25i, 25j, 29a, 31k, 35d, 35e, 35f, 67a, 94b, 98d, 99i, 99z, 104f, 104g, 226a, 226b, 226d, 226e, 259, 260, 270b, 270c, 275f, 275g, 275h, 275i, and 281a; and to repeal acts and parts of acts.
The people of the state of michigan enact:
Sec. 2. As used
in this article ,
and article IV , and article V, the
words and phrases defined in sections 3 to 6 have the meanings ascribed to them
in those sections.
Sec. 3. (1)
"Average daily attendance", for the purposes of complying with
federal law, means 92% of the pupils counted in membership on the pupil
membership count day, as defined in section 6(7).
(2) "Board" means the governing body of a district
or public school academy.
(3) "Center" means the center for educational
performance and information created in section 94a.
(4) "Community district" means a school district
organized under part 5b of the revised school code.
(5) "Cooperative education program" means a written
voluntary agreement between and among districts to provide certain educational
programs for pupils in certain groups of districts. The written agreement shall must
be approved by all affected districts at least annually and shall must
specify the educational programs to be provided and the estimated
number of pupils from each district who will participate in the educational
programs.
(6) "Department", except in
section 107, as otherwise provided in this
article, means the department of education.
(7) "District" means a local school district
established under the revised school code or, except in sections 6(4), 6(6),
13, 20, 22a, 22p, 31a, 51a(14), 105, 105c, and
166b, a public school academy. Except in section 20, district also includes a
community district.
(8) "District of residence", except as otherwise
provided in this subsection, means the district in which a pupil's custodial
parent or parents or legal guardian resides. For a pupil described in section
24b, the pupil's district of residence is the district in which the pupil
enrolls under that section. For a pupil described in section 6(4)(d), the
pupil's district of residence shall be is considered to be the district or intermediate
district in which the pupil is counted in membership under that section. For a
pupil under court jurisdiction who is placed outside the district in which the
pupil's custodial parent or parents or legal guardian resides, the pupil's
district of residence shall be is considered to be the educating district or
educating intermediate district.
(9) "District superintendent" means the
superintendent of a district or the chief administrator of a public school
academy.
Sec. 6. (1)
"Center program" means a program operated by a district or by an
intermediate district for special education pupils from several districts in
programs for pupils with autism spectrum disorder, pupils with severe cognitive
impairment, pupils with moderate cognitive impairment, pupils with severe
multiple impairments, pupils with hearing impairment, pupils with visual
impairment, and pupils with physical impairment or other health impairment.
Programs for pupils with emotional impairment housed in buildings that do not
serve regular education pupils also qualify. Unless otherwise approved by the
department, a center program either serves all constituent districts within an
intermediate district or serves several districts with less than 50% of the
pupils residing in the operating district. In addition, special education
center program pupils placed part-time in noncenter programs to comply with the
least restrictive environment provisions of section 1412 of the individuals
with disabilities education act, 20 USC 1412, may be considered center program
pupils for pupil accounting purposes for the time scheduled in either a center
program or a noncenter program.
(2) "District and high school graduation rate"
means the annual completion and pupil dropout rate that is calculated by the
center pursuant to nationally recognized standards.
(3) "District and high school graduation report"
means a report of the number of pupils, excluding adult education participants,
in the district for the immediately preceding school year, adjusted for those
pupils who have transferred into or out of the district or high school, who
leave high school with a diploma or other credential of equal status.
(4) "Membership", except as otherwise provided in
this subsection and or this article, means for a district, a public
school academy, or an intermediate district the sum of the product of .90 times
the number of full-time equated pupils in grades K to 12 actually enrolled and
in regular daily attendance in the district, public school academy, or
intermediate district on the pupil membership count day for the current school
year, plus the product of .10 times the final audited count from the
supplemental count day of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance in the district, public school
academy, or intermediate district for the immediately preceding school year. A
district's, public school academy's, or intermediate district's membership is
adjusted as provided under section 25e for pupils who enroll after the pupil
membership count day in a strict discipline academy operating under sections 1311b
to 1311m of the revised school code, MCL 380.1311b to 380.1311m. However, except as otherwise provided in this
subsection, for a community district, membership means the sum of the product
of .90 times the number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance in the community district on the pupil
membership count day for the current school year, plus the product of .10 times
the final audited count from the supplemental count day of full-time equated pupils
in grades K to 12 actually enrolled and in regular daily attendance in the
community district for the immediately preceding school year. For
2020-2021 only, membership means for a district, a public school academy, or an intermediate district, or a community district, the sum
of the product of .75 times the district's, public school academy's, or intermediate district's , or community district's 2019-2020
membership as calculated under this section in 2019-2020 and the product of .25
times [the sum of (the product of .90 times the number of full-time equated
pupils engaged in pandemic learning for fall 2020 or, for a public school
academy that operates as a cyber school, as that term is defined in section 551
of the revised school code, MCL 380.551, the number of full-time equated pupils
in grades K to 12 actually enrolled and in regular daily attendance in the
public school academy on pupil membership count day
for the current school year) and (the product of .10 times the
final audited count from the supplemental count day of full-time equated pupils
in grades K to 12 actually enrolled and in regular daily attendance in the
district, public school academy, or intermediate
district ,
or community district for the immediately preceding school
year)]. All pupil counts used in this subsection are as determined by the
department and calculated by adding the number of pupils registered for
attendance plus pupils received by transfer and minus pupils lost as defined by
rules promulgated by the superintendent, and as corrected by a subsequent
department audit. The amount of the foundation allowance for a pupil in
membership is determined under section 20. In making the calculation of
membership, all of the following, as applicable, apply to determining the
membership of a district, a public school academy, or an intermediate district:
(a) Except as otherwise provided in this subsection, and
pursuant to subsection (6), a pupil is counted in membership in the pupil's
educating district or districts. An individual pupil shall
must not be counted for more than
a total of 1.0 full-time equated membership.
(b) If a pupil is educated in a district other than the
pupil's district of residence, if the pupil is not being educated as part of a
cooperative education program, if the pupil's district of residence does not
give the educating district its approval to count the pupil in membership in
the educating district, and if the pupil is not covered by an exception
specified in subsection (6) to the requirement that the educating district must
have the approval of the pupil's district of residence to count the pupil in
membership, the pupil is not counted in membership in any district.
(c) A special education pupil educated by the intermediate
district is counted in membership in the intermediate district.
(d) A pupil placed by a court or state agency in an
on-grounds program of a juvenile detention facility, a child caring
institution, or a mental health institution, or a pupil funded under section
53a, is counted in membership in the district or intermediate district approved
by the department to operate the program.
(e) A pupil enrolled in the Michigan Schools for the Deaf and
Blind is counted in membership in the pupil's intermediate district of
residence.
(f) A pupil enrolled in a career and technical education
program supported by a millage levied over an area larger than a single
district or in an area vocational-technical education program established under
section 690 of the revised school code, MCL 380.690, is counted in membership
only in the pupil's district of residence.
(g) A pupil enrolled in a public school academy is counted in
membership in the public school academy.
(h) For the purposes of this section and section 6a, for a
cyber school, as that term is defined in section 551 of the revised school
code, MCL 380.551, that is in compliance with section 553a of the revised
school code, MCL 380.553a, a pupil's participation in the cyber school's
educational program is considered regular daily attendance, and for a district
or public school academy, a pupil's participation in a virtual course as that
term is defined in section 21f is considered regular daily attendance. For the
purposes of this subdivision, for a pupil enrolled in a cyber school and
utilizing sequential learning, participation means that term as defined in the
pupil accounting manual, section 5-o-d: requirements for counting pupils in
membership-subsection 10.
(i) For a new district or public school academy beginning its
operation after December 31, 1994, membership for the first 2 full or partial
fiscal years of operation is determined as follows:
(i) Except as otherwise
provided in this subparagraph, if operations begin before the pupil membership
count day for the fiscal year, membership is the average number of full-time
equated pupils in grades K to 12 actually enrolled and in regular daily
attendance on the pupil membership count day for the current school year and on
the supplemental count day for the current school year, as determined by the
department and calculated by adding the number of pupils registered for
attendance on the pupil membership count day plus pupils received by transfer
and minus pupils lost as defined by rules promulgated by the superintendent,
and as corrected by a subsequent department audit, plus the final audited count
from the supplemental count day for the current school year, and dividing that
sum by 2. However, for 2020-2021 only, if operations begin before the pupil
membership count day for the fiscal year, except for a public school academy
that operates as a cyber school, as that term is defined in section 551 of the
revised school code, MCL 380.551, membership is the average number of full-time
equated pupils engaged in pandemic learning for fall 2020 and full-time equated
pupils engaged in pandemic learning for spring 2021, as that term is defined in
section 6a, as determined by the department and calculated by adding the number
of pupils registered for attendance on the pupil membership count day plus
pupils received by transfer and minus pupils lost as defined by rules
promulgated by the superintendent, and as corrected by a subsequent department
audit, plus the final audited count from the supplemental count day for the
current school year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day
for the fiscal year and not later than the supplemental count day for the
fiscal year, membership is the final audited count of the number of full-time
equated pupils in grades K to 12 actually enrolled and in regular daily
attendance on the supplemental count day for the current school year, but, for
2020-2021 only, except for a public school academy that operates as a cyber
school, as that term is defined in section 551 of the revised school code, MCL
380.551, membership is the final audited count of the number of full-time
equated pupils engaged in pandemic learning for spring 2021, as that term is
defined in section 6a.
(j) If a district is the
authorizing body for a public school academy, then, in the first school year in
which pupils are counted in membership on the pupil membership count day in the
public school academy, the determination of the district's membership excludes
from the district's pupil count for the immediately preceding supplemental
count day any pupils who are counted in the public school academy on that first
pupil membership count day who were also counted in the district on the
immediately preceding supplemental count day.
(k) For an extended
school year program approved by the superintendent, a pupil enrolled, but not
scheduled to be in regular daily attendance, on a pupil membership count day,
is counted in membership.
(l) To be counted in membership, a pupil must meet the minimum
age requirement to be eligible to attend school under section 1147 of the
revised school code, MCL 380.1147, or must be enrolled under subsection (3) of
that section, and must be less than 20 years of age on September 1 of the
school year except as follows:
(i) A special education pupil who is enrolled and receiving
instruction in a special education program or service approved by the
department, who does not have a high school diploma, and who is less than 26
years of age as of September 1 of the current school year is counted in membership.
(ii) A pupil who is determined by the department to meet all of
the following may be counted in membership:
(A) Is enrolled in a
public school academy or an alternative education high school diploma program,
that is primarily focused on educating pupils with extreme barriers to
education, such as being homeless as defined under 42 USC 11302.
(B) Had dropped out of
school.
(C) Is less than 22
years of age as of September 1 of the current school year.
(iii) If a child does not meet the minimum age requirement to be
eligible to attend school for that school year under section 1147 of the
revised school code, MCL 380.1147, but will be 5 years of age not later than
December 1 of that school year, the district may count the child in membership
for that school year if the parent or legal guardian has notified the district
in writing that he or she intends to enroll the child in kindergarten for that
school year.
(m) An individual who
has achieved a high school diploma is not counted in membership. An individual
who has achieved a high school equivalency certificate is not counted in
membership unless the individual is a student with a disability as that term is
defined in R 340.1702 of the Michigan Administrative Code. An individual
participating in a job training program funded under former section 107a or a
jobs program funded under former section 107b, administered by the department
of labor and economic opportunity, or participating in any successor of either
of those 2 programs, is not counted in membership.
(n) If a pupil counted
in membership in a public school academy is also educated by a district or
intermediate district as part of a cooperative education program, the pupil is
counted in membership only in the public school academy unless a written agreement
signed by all parties designates the party or parties in which the pupil is
counted in membership, and the instructional time scheduled for the pupil in
the district or intermediate district is included in the full-time equated
membership determination under subdivision (q) and section 101. However, for
pupils receiving instruction in both a public school academy and in a district
or intermediate district but not as a part of a cooperative education program,
the following apply:
(i) If the public school academy provides instruction for at
least 1/2 of the class hours required under section 101, the public school
academy receives as its prorated share of the full-time equated membership for
each of those pupils an amount equal to 1 times the product of the hours of
instruction the public school academy provides divided by the number of hours
required under section 101 for full-time equivalency, and the remainder of the
full-time membership for each of those pupils is allocated to the district or
intermediate district providing the remainder of the hours of instruction.
(ii) If the public school academy provides instruction for less
than 1/2 of the class hours required under section 101, the district or
intermediate district providing the remainder of the hours of instruction
receives as its prorated share of the full-time equated membership for each of
those pupils an amount equal to 1 times the product of the hours of instruction
the district or intermediate district provides divided by the number of hours
required under section 101 for full-time equivalency, and the remainder of the
full-time membership for each of those pupils is allocated to the public school
academy.
(o) An individual less
than 16 years of age as of September 1 of the current school year who is being
educated in an alternative education program is not counted in membership if
there are also adult education participants being educated in the same program
or classroom.
(p) The department shall
give a uniform interpretation of full-time and part-time memberships.
(q) The number of class
hours used to calculate full-time equated memberships must be consistent with
section 101. In determining full-time equated memberships for pupils who are
enrolled in a postsecondary institution or for pupils engaged in an internship
or work experience under section 1279h of the revised school code, MCL
380.1279h, a pupil is not considered to be less than a full-time equated pupil
solely because of the effect of his or her postsecondary enrollment or
engagement in the internship or work experience, including necessary travel time,
on the number of class hours provided by the district to the pupil.
(r) Full-time equated
memberships for pupils in kindergarten are determined by dividing the number of
instructional hours scheduled and provided per year per kindergarten pupil by
the same number used for determining full-time equated memberships for pupils
in grades 1 to 12. However, to the extent allowable under federal law, for a
district or public school academy that provides evidence satisfactory to the
department that it used federal title I money in the 2 immediately preceding
school fiscal years to fund full-time kindergarten, full-time equated
memberships for pupils in kindergarten are determined by dividing the number of
class hours scheduled and provided per year per kindergarten pupil by a number
equal to 1/2 the number used for determining full-time equated memberships for
pupils in grades 1 to 12. The change in the counting of full-time equated
memberships for pupils in kindergarten that took effect for 2012-2013 is not a
mandate.
(s) For a district or a
public school academy that has pupils enrolled in a grade level that was not
offered by the district or public school academy in the immediately preceding
school year, the number of pupils enrolled in that grade level to be counted in
membership is the average of the number of those pupils enrolled and in regular
daily attendance on the pupil membership count day and the supplemental count
day of the current school year, but, for 2020-2021 only, except for a public
school academy that operates as a cyber school, as that term is defined in
section 551 of the revised school code, MCL 380.551, the number of pupils
enrolled in that grade level to be counted in membership is the average of the
number of those pupils engaged in pandemic learning for fall 2020 and the
number of those pupils engaged in pandemic learning for spring 2021, as that
term is defined in section 6a, as determined by the department. Membership is
calculated by adding the number of pupils registered for attendance in that
grade level on the pupil membership count day plus pupils received by transfer
and minus pupils lost as defined by rules promulgated by the superintendent,
and as corrected by subsequent department audit, plus the final audited count
from the supplemental count day for the current school year, and dividing that
sum by 2.
(t) A pupil enrolled in
a cooperative education program may be counted in membership in the pupil's
district of residence with the written approval of all parties to the cooperative
agreement.
(u) If, as a result of a
disciplinary action, a district determines through the district's alternative
or disciplinary education program that the best instructional placement for a
pupil is in the pupil's home or otherwise apart from the general school
population, if that placement is authorized in writing by the district
superintendent and district alternative or disciplinary education supervisor,
and if the district provides appropriate instruction as described in this
subdivision to the pupil at the pupil's home or otherwise apart from the
general school population, the district may count the pupil in membership on a
pro rata basis, with the proration based on the number of hours of instruction
the district actually provides to the pupil divided by the number of hours
required under section 101 for full-time equivalency. For the purposes of this
subdivision, a district is considered to be providing appropriate instruction
if all of the following are met:
(i) The district provides at least 2 nonconsecutive hours of
instruction per week to the pupil at the pupil's home or otherwise apart from
the general school population under the supervision of a certificated teacher.
(ii) The district provides instructional materials, resources,
and supplies that are comparable to those otherwise provided in the district's
alternative education program.
(iii) Course content is comparable to that in the district's
alternative education program.
(iv) Credit earned is awarded to the pupil and placed on the
pupil's transcript.
(v) If a pupil was
enrolled in a public school academy on the pupil membership count day, if the
public school academy's contract with its authorizing body is revoked or the
public school academy otherwise ceases to operate, and if the pupil enrolls in
a district within 45 days after the pupil membership count day, the department
shall adjust the district's pupil count for the pupil membership count day to
include the pupil in the count.
(w) For a public school
academy that has been in operation for at least 2 years and that suspended
operations for at least 1 semester and is resuming operations, membership is
the sum of the product of .90 times the number of full-time equated pupils in
grades K to 12 actually enrolled and in regular daily attendance on the first
pupil membership count day or supplemental count day, whichever is first,
occurring after operations resume, plus the product of .10 times the final
audited count from the most recent pupil membership count day or supplemental count
day that occurred before suspending operations, as determined by the
superintendent, but, for 2020-2021 only, except for a public school academy
that operates as a cyber school, as that term is defined in section 551 of the
revised school code, MCL 380.551, membership is the sum of the product of .90
times the number of full-time equated pupils engaged in pandemic learning for
fall 2020 or the number of full-time equated pupils engaged in pandemic
learning for spring 2021, as that term is defined in section 6a, whichever
applies first after operations resume, plus the product of .10 times the final
audited count from the most recent pupil membership count day or supplemental
count day that occurred before suspending operations, as determined by the superintendent.
(x) If a district's
membership for a particular fiscal year, as otherwise calculated under this
subsection, would be less than 1,550 pupils, and the district has 4.5 or fewer pupils per square
mile, as determined by the department, and if the
district does not receive funding under section 22d(2), the district's
membership is considered to be the membership figure calculated under this
subdivision. If a district educates and counts in its membership pupils in
grades 9 to 12 who reside in a contiguous district that does not operate grades
9 to 12 and if 1 or both of the affected districts request the department to
use the determination allowed under this sentence, the department shall include
the square mileage of both districts in determining the number of pupils per
square mile for each of the districts for the purposes of this subdivision. If a district has established a community engagement advisory
committee in partnership with the department of treasury, is required to submit
a deficit elimination plan or an enhanced deficit elimination plan under
section 1220 of the revised school code, MCL 380.1220, and is located in a city
with a population between 9,000 and 11,000 that is in a county with a
population between 155,000 and 160,000, the district's membership is considered
to be the membership figure calculated under this subdivision. The
membership figure calculated under this subdivision is the greater of the
following:
(i) The average of the district's membership for the
3-fiscal-year period ending with that fiscal year, calculated by adding the
district's actual membership for each of those 3 fiscal years, as otherwise
calculated under this subsection, and dividing the sum of those 3 membership
figures by 3.
(ii) The district's actual membership for that fiscal year as
otherwise calculated under this subsection.
(y) Full-time equated
memberships for special education pupils who are not enrolled in kindergarten
but are enrolled in a classroom program under R 340.1754 of the Michigan
Administrative Code are determined by dividing the number of class hours
scheduled and provided per year by 450. Full-time equated memberships for
special education pupils who are not enrolled in kindergarten but are receiving
early childhood special education services under R 340.1755 or R 340.1862 of
the Michigan Administrative Code are determined by dividing the number of hours
of service scheduled and provided per year per-pupil by 180.
(z) A pupil of a
district that begins its school year after Labor Day who is enrolled in an
intermediate district program that begins before Labor Day is not considered to
be less than a full-time pupil solely due to instructional time scheduled but
not attended by the pupil before Labor Day.
(aa) For the first year
in which a pupil is counted in membership on the pupil membership count day in
a middle college program, the membership is the average of the full-time
equated membership on the pupil membership count day and on the supplemental
count day for the current school year, as determined by the department. If a
pupil described in this subdivision was counted in membership by the operating
district on the immediately preceding supplemental count day, the pupil is
excluded from the district's immediately preceding supplemental count for the
purposes of determining the district's membership.
(bb) A district or
public school academy that educates a pupil who attends a United States Olympic
Education Center may count the pupil in membership regardless of whether or not
the pupil is a resident of this state.
(cc) A pupil enrolled in
a district other than the pupil's district of residence under section 1148(2)
of the revised school code, MCL 380.1148, is counted in the educating district.
(dd) For a pupil
enrolled in a dropout recovery program that meets the requirements of section
23a, the pupil is counted as 1/12 of a full-time equated membership for each
month that the district operating the program reports that the pupil was
enrolled in the program and was in full attendance. However, if the special
membership counting provisions under this subdivision and the operation of the
other membership counting provisions under this subsection result in a pupil
being counted as more than 1.0 FTE in a fiscal year, the payment made for the
pupil under sections 22a and 22b must not be based on more than 1.0 FTE for
that pupil, and any portion of an FTE for that pupil that exceeds 1.0 is
instead paid under section 25g. The district operating the program shall report
to the center the number of pupils who were enrolled in the program and were in
full attendance for a month not later than 30 days after the end of the month.
A district shall not report a pupil as being in full attendance for a month
unless both of the following are met:
(i) A personalized learning plan is in place on or before the
first school day of the month for the first month the pupil participates in the
program.
(ii) The pupil meets the district's definition under section 23a
of satisfactory monthly progress for that month or, if the pupil does not meet that
definition of satisfactory monthly progress for that month, the pupil did meet
that definition of satisfactory monthly progress in the immediately preceding
month and appropriate interventions are implemented within 10 school days after
it is determined that the pupil does not meet that definition of satisfactory
monthly progress.
(ee) A pupil
participating in a virtual course under section 21f is counted in membership in
the district enrolling the pupil.
(ff) If a public school
academy that is not in its first or second year of operation closes at the end
of a school year and does not reopen for the next school year, the department
shall adjust the membership count of the district or other public school
academy in which a former pupil of the closed public school academy enrolls and
is in regular daily attendance for the next school year to ensure that the
district or other public school academy receives the same amount of membership
aid for the pupil as if the pupil were counted in the district or other public
school academy on the supplemental count day of the preceding school year.
(gg) If a special
education pupil is expelled under section 1311 or 1311a of the revised school
code, MCL 380.1311 and 380.1311a, and is not in attendance on the pupil membership
count day because of the expulsion, and if the pupil remains enrolled in the
district and resumes regular daily attendance during that school year, the
district's membership is adjusted to count the pupil in membership as if he or
she had been in attendance on the pupil membership count day.
(hh) A pupil enrolled in
a community district is counted in membership in the community district.
(ii) A part-time pupil
enrolled in a nonpublic school in grades K to 12 in accordance with section
166b shall must not
be counted as more than 0.75 of a full-time equated membership.
(jj) A district that
borders another state or a public school academy that operates at least grades
9 to 12 and is located within 20 miles of a border with another state may count
in membership a pupil who is enrolled in a course at a college or university
that is located in the bordering state and within 20 miles of the border with
this state if all of the following are met:
(i) The pupil would meet the definition of an eligible student
under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
388.524, if the course were an eligible course under that act.
(ii) The course in which the pupil is enrolled would meet the
definition of an eligible course under the postsecondary enrollment options
act, 1996 PA 160, MCL 388.511 to 388.524, if the course were provided by an
eligible postsecondary institution under that act.
(iii) The department determines that the college or university is
an institution that, in the other state, fulfills a function comparable to a
state university or community college, as those terms are defined in section 3
of the postsecondary enrollment options act, 1996 PA 160, MCL 388.513, or is an
independent nonprofit degree-granting college or university.
(iv) The district or public school academy pays for a portion of
the pupil's tuition at the college or university in an amount equal to the eligible
charges that the district or public school academy would pay to an eligible
postsecondary institution under the postsecondary enrollment options act, 1996
PA 160, MCL 388.511 to 388.524, as if the course were an eligible course under
that act.
(v) The district or public school academy awards high school
credit to a pupil who successfully completes a course as described in this
subdivision.
(kk) A pupil enrolled in
a middle college program may be counted for more than a total of 1.0 full-time
equated membership if the pupil is enrolled in more than the minimum number of
instructional days and hours required under section 101 and the pupil is
expected to complete the 5-year program with both a high school diploma and at
least 60 transferable college credits or is expected to earn an associate's
degree in fewer than 5 years.
(ll) If a district's or public school academy's membership for a
particular fiscal year, as otherwise calculated under this subsection, includes
pupils counted in membership who are enrolled under section 166b, all of the
following apply for the purposes of this subdivision:
(i) If the district's or public school academy's membership for
pupils counted under section 166b equals or exceeds 5% of the district's or
public school academy's membership for pupils not counted in membership under
section 166b in the immediately preceding fiscal year, then the growth in the
district's or public school academy's membership for pupils counted under
section 166b must not exceed 10%.
(ii) If the district's or public school academy's membership for
pupils counted under section 166b is less than 5% of the district's or public
school academy's membership for pupils not counted in membership under section
166b in the immediately preceding fiscal year, then the district's or public
school academy's membership for pupils counted under section 166b must not
exceed the greater of the following:
(A) 5% of the district's
or public school academy's membership for pupils not counted in membership
under section 166b.
(B) 10% more than the
district's or public school academy's membership for pupils counted under
section 166b in the immediately preceding fiscal year.
(iii) If 1 or more districts consolidate or are parties to an
annexation, then the calculations under subparagraphs (i) and (ii) must be applied to the
combined total membership for pupils counted in those districts for the fiscal
year immediately preceding the consolidation or annexation.
(5) "Public school
academy" means that term as defined in section 5 of the revised school
code, MCL 380.5.
(6) "Pupil"
means an individual in membership in a public school. A district must have the
approval of the pupil's district of residence to count the pupil in membership,
except approval by the pupil's district of residence is not required for any of
the following:
(a) A nonpublic
part-time pupil enrolled in grades K to 12 in accordance with section 166b.
(b) A pupil receiving
1/2 or less of his or her instruction in a district other than the pupil's
district of residence.
(c) A pupil enrolled in
a public school academy.
(d) A pupil enrolled in
a district other than the pupil's district of residence under an intermediate
district schools of choice pilot program as described in section 91a or former
section 91 if the intermediate district and its constituent districts have been
exempted from section 105.
(e) A pupil enrolled in
a district other than the pupil's district of residence if the pupil is
enrolled in accordance with section 105 or 105c.
(f) A pupil who has made
an official written complaint or whose parent or legal guardian has made an
official written complaint to law enforcement officials and to school officials
of the pupil's district of residence that the pupil has been the victim of a
criminal sexual assault or other serious assault, if the official complaint
either indicates that the assault occurred at school or that the assault was
committed by 1 or more other pupils enrolled in the school the pupil would
otherwise attend in the district of residence or by an employee of the district
of residence. A person who intentionally makes a false report of a crime to law
enforcement officials for the purposes of this subdivision is subject to
section 411a of the Michigan penal code, 1931 PA 328, MCL 750.411a, which
provides criminal penalties for that conduct. As used in this subdivision:
(i) "At school" means in a classroom, elsewhere on
school premises, on a school bus or other school-related vehicle, or at a
school-sponsored activity or event whether or not it is held on school
premises.
(ii) "Serious assault" means an act that constitutes a
felony violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL
750.81 to 750.90h, or that constitutes an assault and infliction of serious or
aggravated injury under section 81a of the Michigan penal code, 1931 PA 328,
MCL 750.81a.
(g) A pupil whose
district of residence changed after the pupil membership count day and before
the supplemental count day and who continues to be enrolled on the supplemental
count day as a nonresident in the district in which he or she was enrolled as a
resident on the pupil membership count day of the same school year.
(h) A pupil enrolled in
an alternative education program operated by a district other than his or her
district of residence who meets 1 or more of the following:
(i) The pupil has been suspended or expelled from his or her
district of residence for any reason, including, but not limited to, a
suspension or expulsion under section 1310, 1311, or 1311a of the revised
school code, MCL 380.1310, 380.1311, and 380.1311a.
(ii) The pupil had previously dropped out of school.
(iii) The pupil is pregnant or is a parent.
(iv) The pupil has been referred to the program by a court.
(i) A pupil enrolled in
the Michigan Virtual School, for the pupil's enrollment in the Michigan Virtual
School.
(j) A pupil who is the
child of a person who works at the district or who is the child of a person who
worked at the district as of the time the pupil first enrolled in the district
but who no longer works at the district due to a workforce reduction. As used
in this subdivision, "child" includes an adopted child, stepchild, or
legal ward.
(k) An expelled pupil
who has been denied reinstatement by the expelling district and is reinstated
by another school board under section 1311 or 1311a of the revised school code,
MCL 380.1311 and 380.1311a.
(l) A pupil enrolled in a district other than the pupil's
district of residence in a middle college program if the pupil's district of
residence and the enrolling district are both constituent districts of the same
intermediate district.
(m) A pupil enrolled in
a district other than the pupil's district of residence who attends a United
States Olympic Education Center.
(n) A pupil enrolled in
a district other than the pupil's district of residence under section 1148(2)
of the revised school code, MCL 380.1148.
(o) A pupil who enrolls
in a district other than the pupil's district of residence as a result of the
pupil's school not making adequate yearly progress under the no child left
behind act of 2001, Public Law 107-110, or the every student succeeds act,
Public Law 114-95.
However, if a district
educates pupils who reside in another district and if the primary instructional
site for those pupils is established by the educating district after 2009-2010
and is located within the boundaries of that other district, the educating
district must have the approval of that other district to count those pupils in
membership.
(7) "Pupil
membership count day" of a district or intermediate district means:
(a) Except as provided
in subdivision (b), the first Wednesday in October each school year or, for a
district or building in which school is not in session on that Wednesday due to
conditions not within the control of school authorities, with the approval of
the superintendent, the immediately following day on which school is in session
in the district or building. A district is considered to be in session for
purposes of this subdivision when the district is providing pupil instruction
pursuant to an extended COVID-19 learning plan approved under section 98a.
(b) For a district or
intermediate district maintaining school during the entire school year, the
following days:
(i) Fourth Wednesday in July.
(ii) First Wednesday in October.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(8) "Pupils in
grades K to 12 actually enrolled and in regular daily attendance" means
pupils in grades K to 12 in attendance and receiving instruction in all classes
for which they are enrolled on the pupil membership count day or the
supplemental count day, as applicable. Except as otherwise provided in this
subsection, a pupil who is absent from any of the classes in which the pupil is
enrolled on the pupil membership count day or supplemental count day and who
does not attend each of those classes during the 10 consecutive school days
immediately following the pupil membership count day or supplemental count day,
except for a pupil who has been excused by the district, is not counted as 1.0
full-time equated membership. A pupil who is excused from attendance on the
pupil membership count day or supplemental count day and who fails to attend
each of the classes in which the pupil is enrolled within 30 calendar days
after the pupil membership count day or supplemental count day is not counted
as 1.0 full-time equated membership. In addition, a pupil who was enrolled and
in attendance in a district, intermediate district, or public school academy
before the pupil membership count day or supplemental count day of a particular
year but was expelled or suspended on the pupil membership count day or
supplemental count day is only counted as 1.0 full-time equated membership if
the pupil resumed attendance in the district, intermediate district, or public
school academy within 45 days after the pupil membership count day or
supplemental count day of that particular year. A pupil not counted as 1.0
full-time equated membership due to an absence from a class is counted as a
prorated membership for the classes the pupil attended. For purposes of this
subsection, "class" means a period of time in 1 day when pupils and a certificated teacher, a teacher engaged to teach under
section 1233b of the revised school code, MCL 380.1233b, or an individual
working under a valid an individual who is
appropriately placed under a valid certificate, substitute permit,
authorization, or approval issued by the department, are together and
instruction is taking place.
(9) "Pupils engaged
in pandemic learning for fall 2020" means pupils in grades K to 12 who are
enrolled in a district, excluding a district that operates as a cyber school,
as that term is defined in section 551 of the revised school code, MCL 380.551,
or intermediate district and to which any of the following apply:
(a) For a pupil who is
not learning sequentially, any of the following occurs for each of the pupil's
scheduled courses:
(i) The pupil attends a live lesson from the pupil's teacher or
at least 1 of the pupil's teachers on 2020-2021 pupil membership count day.
(ii) The pupil logs into an online or virtual lesson or lesson
activity on 2020-2021 pupil membership count day and the login can be
documented by the district or intermediate district.
(iii) The pupil and the pupil's teacher or at least 1 of the
pupil's teachers engage in a subject-oriented telephone conversation on
2020-2021 pupil membership count day.
(iv) The district or intermediate district documents that an
electronic mail dialogue occurred between the pupil and the pupil's teacher or
at least 1 of the pupil's teachers on 2020-2021 pupil membership count day.
(b) For a pupil who is
using sequential learning, any of the following occurs for each of the pupil's
scheduled courses:
(i) The pupil attends a virtual course where synchronous, live
instruction occurs with the pupil's teacher or at least 1 of the pupil's
teachers on 2020-2021 pupil membership count day and the attendance is
documented by the district or intermediate district.
(ii) The pupil completes a course assignment on 2020-2021 pupil
membership count day and the completion is documented by the district or
intermediate district.
(iii) The pupil completes a course lesson or lesson activity on
2020-2021 pupil membership count day and the completion is documented by the
district or intermediate district.
(iv) The pupil accesses an ongoing lesson that is not a login on
2020-2021 pupil membership count day and the access is documented by the
district or intermediate district.
(c) At a minimum, 1 2-way
interaction has occurred between the pupil and the pupil's teacher or at least
1 of the pupil's teachers or another district employee
who has responsibility for the pupil's learning, grade progression, or academic
progress during the week on which 2020-2021 pupil membership count day
falls and during each week for the 3 consecutive weeks after the week on which
2020-2021 pupil membership count day falls. A district may utilize 2-way
interactions that occur under this subdivision toward meeting the requirement
under section 101(3)(h). As used in this subdivision:
(i) "2-way interaction" means a communication that
occurs between a pupil and the pupil's teacher or at least 1 of the pupil's
teachers or another district employee who has
responsibility for the pupil's learning, grade progression, or academic
progress, where 1 party initiates communication and a response from the
other party follows that communication, and that is relevant to course progress
or course content for at least 1 of the courses in which the pupil is enrolled or relevant to the pupil's overall academic progress or grade
progression. Responses, as described in this subparagraph, must be to the communication initiated by the teacher, by another district employee who has responsibility for the
pupil's learning, grade progression, or academic progress, or by the pupil, and
not some other action taken. The communication described in this subparagraph
may occur through, but is not limited to, any of the following means:
(A) Electronic mail.
(B) Telephone.
(C) Instant messaging.
(D) Face-to-face
conversation.
(ii) "Week" means a period beginning on Wednesday and
ending on the following Tuesday.
(d) The pupil has not
participated in or completed an activity as described in subdivision (a), (b),
or (c) and the pupil was not excused from participation or completion, but the
pupil participates in or completes an activity described in subdivision (a) or
(b) during the 10 consecutive school days immediately following the 2020-2021
pupil membership count day.
(e) The pupil has not
participated in or completed an activity as described in subdivision (a), (b),
or (c) and the pupil was excused from participation or completion, but the
pupil participates in or completes an activity described in subdivision (a) or
(b) during the 30 calendar days immediately following the 2020-2021 pupil
membership count day.
(f) The pupil meets the
criteria of pupils in grades K to 12 actually enrolled and in regular daily
attendance.
(10) "Rule"
means a rule promulgated pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(11) "The revised
school code" means the revised school code, 1976 PA 451, MCL 380.1 to
380.1852.
(12) "School
district of the first class", "first class school district", and
"district of the first class" mean, for the purposes of this article
only, a district that had at least 40,000 pupils in membership for the
immediately preceding fiscal year.
(13) "School fiscal
year" means a fiscal year that commences July 1 and continues through June
30.
(14) "State
board" means the state board of education.
(15)
"Superintendent", unless the context clearly refers to a district or
intermediate district superintendent, means the superintendent of public
instruction described in section 3 of article VIII of the state constitution of
1963.
(16) "Supplemental
count day" means the day on which the supplemental pupil count is
conducted under section 6a or the day specified as supplemental count day under
section 6a.
(17) "Tuition
pupil" means a pupil of school age attending school in a district other
than the pupil's district of residence for whom tuition may be charged to the
district of residence. Tuition pupil does not include a pupil who is a special
education pupil, a pupil described in subsection (6)(c) to (o), or a pupil
whose parent or guardian voluntarily enrolls the pupil in a district that is
not the pupil's district of residence. A pupil's district of residence shall
not require a high school tuition pupil, as provided under section 111, to
attend another school district after the pupil has been assigned to a school
district.
(18) "State school
aid fund" means the state school aid fund established in section 11 of
article IX of the state constitution of 1963.
(19) "Taxable
value" means the taxable value of property as determined under section 27a
of the general property tax act, 1893 PA 206, MCL 211.27a.
(20)
"Textbook" means a book, electronic book, or other instructional
print or electronic resource that is selected and approved by the governing
board of a district and that contains a presentation of principles of a
subject, or that is a literary work relevant to the study of a subject required
for the use of classroom pupils, or another type of course material that forms
the basis of classroom instruction.
(21) "Total state
aid" or "total state school aid", except as otherwise provided
in this article, means the total combined amount of all funds due to a
district, intermediate district, or other entity under this article.
Sec. 11. (1) For the fiscal year ending September 30, 2020,
there is appropriated for the public schools of this state and certain other
state purposes relating to education the sum of $12,660,530,800.00
$12,829,470,800.00 from the state school
aid fund, the sum of $273,600,000.00 $104,660,000.00 from the general fund, an amount not to
exceed $75,900,000.00 from the community district education trust fund created
under section 12 of the Michigan trust fund act, 2000 PA 489, MCL 12.262, an
amount not to exceed $9,717,800.00 from the talent investment fund created
under section 8a of the higher education loan authority act, 1975 PA 222, MCL
390.1158a, an amount not to exceed $31,900,000.00 from the MPSERS retirement obligation
reform reserve fund, and an amount not to exceed $100.00 from the water
emergency reserve fund. For
the fiscal year ending September 30, 2021, there is appropriated for the public
schools of this state and certain other state purposes relating to education
the sum of $13,589,621,600.00 from the state school aid fund, the sum of $50,964,700.00
from the general fund, an amount not to exceed $77,700,000.00 from the
community district education trust fund created under section 12 of the
Michigan trust fund act, 2000 PA 489, MCL 12.262, and an amount not to exceed
$100.00 from the water emergency reserve fund. In addition, all available federal funds are appropriated for
the fiscal year years ending
September 30, 2020 and September 30, 2021.
(2) The appropriations
under this section are allocated as provided in this article. Money
appropriated under this section from the general fund must be expended to fund
the purposes of this article before the expenditure of money appropriated under
this section from the state school aid fund.
(3) Any general fund
allocations under this article that are not expended by the end of the fiscal
year are transferred to the school aid stabilization fund created under section
11a.
Sec. 11a. (1) The school aid stabilization fund is created as
a separate account within the state school aid fund.
(2) The state treasurer
may receive money or other assets from any source for deposit into the school
aid stabilization fund. The state treasurer shall deposit into the school aid
stabilization fund all of the following:
(a) Unexpended and
unencumbered state school aid fund revenue for a fiscal year that remains in
the state school aid fund as of the bookclosing for that fiscal year.
(b) Money statutorily
dedicated to the school aid stabilization fund.
(c) Money appropriated
to the school aid stabilization fund.
(3) Money available in
the school aid stabilization fund may not be expended without a specific
appropriation from the school aid stabilization fund. Money in the school aid stabilization
fund must be expended only for purposes for which state school aid fund money
may be expended.
(4) The state treasurer
shall direct the investment of the school aid stabilization fund. The state
treasurer shall credit to the school aid stabilization fund interest and
earnings from fund investments.
(5) Money in the school
aid stabilization fund at the close of a fiscal year remains in the school aid
stabilization fund and does not lapse to the unreserved school aid fund balance
or the general fund.
(6) If the maximum
amount appropriated under section 11 from the state school aid fund for a
fiscal year exceeds the amount available for expenditure from the state school
aid fund for that fiscal year, there is appropriated from the school aid stabilization
fund to the state school aid fund an amount equal to the projected shortfall as
determined by the department of treasury, but not to exceed available money in
the school aid stabilization fund. If the money in the school aid stabilization
fund is insufficient to fully fund an amount equal to the projected shortfall,
the state budget director shall notify the legislature as required under
section 296(2) and state payments in an amount equal to the remainder of the
projected shortfall must be prorated in the manner provided under section
296(3).
(7) For 2019-2020, 2020-2021, in
addition to the appropriations in section 11, there is appropriated from the
school aid stabilization fund to the state school aid fund the amount necessary
to fully fund the allocations under this article.
Sec. 11d. (1) For 2019-2020, the department shall deduct an amount equal to $175.00 per membership pupil from each district's total state school aid. A district may choose to apply this reduction to funding the district receives under any provision of this act, other than sections 11j, 22a, 26a, 26b, 26c, 31d, 31f, 51a(2), 51a(11), 51c, 53a, 147c, 147e(2)(a), and 152a, even if the reduction chosen by the district results in a program being reduced or discontinued.
(2) If the department, after applying the deduction calculated in subsection (1), determines that this state has overpaid the amount of total state school aid to a district, the department shall establish as a receivable the amount of overpayment and shall recoup the amount from the district in subsequent monthly apportionments of total state school aid. The full amount of overpayment must be recouped within 1 fiscal year.
(3) If a district has pledged remaining total state
school aid for 2019-2020 for the fulfillment of requirements related to the
repayment of state aid anticipation notes or the equivalent loan instrument not
offered by this state, and if the district presents evidence satisfactory to
the department that the deduction calculated in subsection (1) would cause
hardship for the district in fulfilling its pledged loan repayment
requirements, the department shall establish as a receivable in the current
fiscal year the amount of the deduction calculated in subsection (1) and shall
recoup the amount from the district in subsequent monthly apportionments of
total state school aid. The full amount of the deduction calculated in
subsection (1) must be recouped within 1 fiscal year.
(4) From the state school aid fund money appropriated under section 11, there is allocated for 2020-2021 an amount not to exceed $95,000,000.00 to provide payments to districts as provided under this subsection. The amount of a payment under this subsection to each district must be equal to the district's 50/50 blended membership multiplied by the quotient of $95,000,000.00 divided by the statewide sum of each district's 50/50 blended membership. As used in this subsection, "50/50 blended membership" means the sum of the product of .5 times the district's 2019-2020 membership as calculated under section 6(4) in 2019-2020 and the product of .5 times [the sum of (the product of .90 times the number of full-time equated pupils engaged in pandemic learning for fall 2020 or, for a district that is a public school academy that operates as a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, the number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance in the district on pupil membership count day for the current school year) and (the product of .10 times the final audited count from the supplemental count day of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance in the district for the immediately preceding school year)].
(5) (4) As used in this section, "total state school aid" means the total combined amount of all state funds allocated to a district under this act, except for funds allocated to a district under sections 11j, 22a, 26a, 26b, 26c, 31d, 31f, 51a(2), 51a(11), 51c, 53a, 147c, 147e(2)(a), and 152a.
Sec. 11j. From the appropriation in section 11, there is
allocated an amount not to exceed $111,000,000.00
for 2019-2020 2020-2021 for payments to the school loan bond
redemption fund in the department of treasury on behalf of districts and
intermediate districts. Notwithstanding section 296 or any other provision of
this act, funds allocated under this section are not subject to proration and
must be paid in full.
Sec. 11k. For 2019-2020, 2020-2021, there is appropriated from the general fund
to the school loan revolving fund an amount equal to the amount of school bond
loans assigned to the Michigan finance authority, not to exceed the total
amount of school bond loans held in reserve as long-term assets. As used in
this section, "school loan revolving fund" means that fund created in
section 16c of the shared credit rating act, 1985 PA 227, MCL 141.1066c.
Sec. 11m. From
the appropriation in section 11, there is allocated for 2019-2020 2020-2021
an amount not to exceed $7,000,000.00
$11,400,000.00 for fiscal year
cash-flow borrowing costs solely related to the state school aid fund
established by under
section 11 of article IX of the state constitution of 1963.
Sec. 11p. (1) From the federal funds appropriated under section 11, for 2019-2020 only, there is allocated an amount not to exceed $512,000,000.00 from the federal funding awarded to this state from the coronavirus relief fund under the coronavirus aid, relief, and economic security act, Public Law 116-136.
(2) From the funds allocated under this section, the department shall pay to each district an amount equal to $350.00 for each pupil in membership for 2019-2020 only.
(3) A district receiving funds under this section must
comply with all requirements corresponding to the receipt of funds under the
coronavirus aid, relief, and economic security act, Public Law 116-136, and 2
CFR part 200, as applicable, including, but not limited to, any certifications,
assurances, and accountability and transparency provisions. The department may
require any documentation necessary to ensure compliance with federal
requirements.
(4) A district receiving funds under this section must, to the greatest extent practicable, continue to pay its employees and contractors during the period of any disruptions or closures related to coronavirus.
(5) (4) Any funds received under this act and expended by a district in any manner that does not adhere to the coronavirus aid, relief, and economic security act, Public Law 116-136, or 2 CFR part 200, as applicable, must be returned to this state. If it is determined that a district receiving funds under this act expends expended any funds received under this act for a purpose that is not consistent with the requirements of the coronavirus aid, relief, and economic security act, Public Law 116-136, or 2 CFR part 200, as applicable, the state budget director is authorized to withhold payment of state funds, in part or in whole, payable to that district from any state appropriation under this act.
(6) (5) The allocation in this section from the federal funding awarded to this state from the coronavirus relief fund under the coronavirus aid, relief, and economic security act, Public Law 116-136, reduces to $0.00 the coronavirus relief fund appropriations authorized in the same amount and for the same purpose under section 302 of 2020 PA 67.
Sec. 11s. (1) From the state school aid fund money
appropriated in section 11, there is allocated $8,075,000.00
$5,000,000.00 for 2019-2020
2020-2021 and from the general fund money
appropriated in section 11, there is allocated $3,075,000.00 for 2020-2021 for
the purpose of providing services and programs to children who reside within
the boundaries of a district with the majority of its territory located within
the boundaries of a city for which an executive proclamation of emergency concerning drinking water is issued in the current or
immediately preceding 3 5
fiscal years under the emergency management act, 1976 PA 390, MCL 30.401
to 30.421. From the funding appropriated in section 11, there is allocated for 2019-2020 2020-2021 $100.00
from the water emergency reserve fund for the purposes of this section.
(2) From the allocation general fund money
allocated in subsection (1), there is allocated to a district with the
majority of its territory located within the boundaries of a city in which an
executive proclamation of emergency is issued in the current or immediately
preceding 4 5 fiscal
years and that has at least 4,500 pupils in membership for the 2016-2017 fiscal
year or has at least 4,000 3,000 pupils in membership for a fiscal year after
2016-2017, an amount not to exceed $2,425,000.00
for 2019-2020 2020-2021 for the purpose of employing school nurses,
classroom aides, and school social workers. The district shall provide a report
to the department in a form, manner, and frequency prescribed by the
department. The department shall provide a copy of that report to the governor,
the house and senate school aid subcommittees, the house and senate fiscal
agencies, and the state budget director within 5 days after receipt. The report
must provide at least the following information:
(a) How many personnel
were hired using the funds allocated under this subsection.
(b) A description of the
services provided to pupils by those personnel.
(c) How many pupils
received each type of service identified in subdivision (b).
(d) Any other
information the department considers necessary to ensure that the children
described in subsection (1) received appropriate levels and types of services.
(3) For 2019-2020 only, 2020-2021 only,
from the allocation state school aid fund money allocated in subsection (1),
there is allocated an amount not to exceed $4,000,000.00
$2,400,000.00 to an intermediate district
that has a constituent district described in subsection (2) to provide state
early intervention services for children described in subsection (1) who are
between age 3 and age 5. The intermediate district shall use these funds to
provide state early intervention services that are similar to the services
described in the early on Michigan state plan, including ensuring that all
children described in subsection (1) who are less than 4 years of age as of
September 1, 2016 are assessed and evaluated at least twice annually.
(4) From the allocation state school aid
fund money allocated in subsection (1), there is allocated an amount not
to exceed $1,000,000.00 for 2019-2020 2020-2021 to the intermediate district described in
subsection (3) to enroll children described in subsection (1) in school-day
great start readiness programs, regardless of household income eligibility
requirements contained in section 32d. The department shall administer this
funding consistent with all other provisions that apply to great start
readiness programs under sections 32d and 39.
(5) For 2019-2020, 2020-2021, from
the allocation general
fund money allocated in subsection (1), there is allocated an amount not
to exceed $650,000.00 for nutritional services to children described in subsection
(1).
(6) For 2020-2021, from the state school aid fund money
allocated in subsection (1), there is allocated an amount not to exceed
$1,600,000.00 to the intermediate district described in subsection (3) for
interventions and supports for students in K to 12 who were impacted by an
executive proclamation of emergency described in subsection (1) concerning
drinking water. Funds under this subsection must be used for behavioral
supports, social workers, counselors, psychologists, nursing services,
including, but not limited to, vision and hearing services, transportation
services, parental engagement, community coordination, and other support
services.
(7) (6) In
addition to other funding allocated and appropriated in this section, there is
appropriated an amount not to exceed $5,000,000.00
for 2019-2020 2020-2021 for state restricted contingency funds. These
contingency funds are not available for expenditure until they have been
transferred to a section within this article under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(8) (7) Notwithstanding
section 17b, the department shall make payments under this section on a
schedule determined by the department.
Sec. 15. (1) If a district or intermediate district fails to
receive its proper apportionment, the department, upon satisfactory proof that
the district or intermediate district was entitled justly, shall apportion the
deficiency in the next apportionment. Subject to subsections (2) and (3), if a
district or intermediate district has received more than its proper
apportionment, the department, upon satisfactory proof, shall deduct the excess
in the next apportionment. Notwithstanding any other provision in this article,
state aid overpayments to a district, other than overpayments in payments for
special education or special education transportation, may be recovered from
any payment made under this article other than a special education or special
education transportation payment, from the proceeds of a loan to the district
under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or
from the proceeds of millage levied or pledged under section 1211 of the
revised school code, MCL 380.1211. State aid overpayments made in special
education or special education transportation payments may be recovered from
subsequent special education or special education transportation payments, from
the proceeds of a loan to the district under the emergency municipal loan act,
1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage levied or
pledged under section 1211 of the revised school code, MCL 380.1211.
(2) If the result of an
audit conducted by or for the department affects the current fiscal year
membership, the department shall adjust affected payments in the current fiscal
year. A deduction due to an adjustment made as a result of an audit conducted
by or for the department, or as a result of information obtained by the
department from the district, an intermediate district, the department of
treasury, or the office of auditor general, must be deducted from the
district's apportionments when the adjustment is finalized. At the request of
the district and upon the district presenting evidence satisfactory to the
department of the hardship, the department may grant up to an additional 4
years for the adjustment and may advance payments to the district otherwise
authorized under this article if the district would otherwise experience a
significant hardship in satisfying its financial obligations. However, a
district that has presented satisfactory
evidence of hardship and is was undergoing an extended adjustment during 2018-2019 may continue to use the
period of extended adjustment as originally granted by the department.
(3) If, based on an
audit by the department or the department's designee or because of new or
updated information received by the department, the department determines that
the amount paid to a district or intermediate district under this article for
the current fiscal year or a prior fiscal year was incorrect, the department
shall make the appropriate deduction or payment in the district's or
intermediate district's allocation in the next apportionment after the
adjustment is finalized. The department shall calculate the deduction or
payment according to the law in effect in the fiscal year in which the
incorrect amount was paid. If the district does not receive an allocation for
the fiscal year or if the allocation is not sufficient to pay the amount of any
deduction, the amount of any deduction otherwise applicable must be satisfied
from the proceeds of a loan to the district under the emergency municipal loan
act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage
levied or pledged under section 1211 of the revised school code, MCL 380.1211,
as determined by the department.
(4) If the department
makes an adjustment under this section based in whole or in part on a
membership audit finding that a district or intermediate district employed an
educator in violation of certification requirements under the revised school
code and rules promulgated by the department, the department shall prorate the
adjustment according to the period of noncompliance with the certification
requirements.
(5) The department may
conduct audits, or may direct audits by designee of the department, for the
current fiscal year and the immediately preceding fiscal year of all records
related to a program for which a district or intermediate district has received
funds under this article.
(6) Expenditures made by
the department under this article that are caused by the write-off of prior
year accruals may be funded by revenue from the write-off of prior year accruals.
(7) In addition to funds
appropriated in section 11 for all programs and services, there is appropriated
for 2019-2020 2020-2021 for
obligations in excess of applicable appropriations an amount equal to the
collection of overpayments, but not to exceed amounts available from
overpayments.
Sec. 17c. (1) Except as otherwise provided under this article, the department shall do both of the following for funds appropriated under this article for grants distributed by the department to districts, intermediate districts, and eligible entities:
(a) Not later than September 1 of each fiscal year, open the grant application for funds appropriated for the subsequent fiscal year. Open the grant application for funds appropriated for the immediately succeeding fiscal year by not later than September 1 of the current fiscal year or 30 calendar days after the state school aid budget for the immediately succeeding fiscal year is enacted into law, whichever occurs later. The department shall also provide to districts, intermediate districts, and eligible entities, and post on its publicly accessible website, the grant application and award process schedule and the list of state grants and contracts available in the subsequent immediately succeeding fiscal year.
(b) Not later than December 1 of each fiscal year, publish grant awards for funds appropriated in that fiscal year.Publish grant awards for funds appropriated in the current fiscal year by not later than December 1 of the current fiscal year.
(2) Information for grants
awarded from funds appropriated under this article must be placed on the state
board agenda in August of the preceding fiscal year. However, this subsection
does not apply to grants awarded, directly or indirectly, from federal funds or
federal grants.Information for
grants awarded from funds appropriated under this article for the immediately
succeeding fiscal year must be placed on the state board agenda in August of
the current fiscal year or in the month immediately following the month in
which the state school aid budget for the immediately succeeding fiscal year is
enacted into law, whichever occurs later.
Sec. 18. (1) Except as provided in another section of this
article, each district or other entity shall apply the money received by the
district or entity under this article to salaries and other compensation of
teachers and other employees, tuition, transportation, lighting, heating,
ventilation, water service, the purchase of textbooks, other supplies, and any
other school operating expenditures defined in section 7. However, not more
than 20% of the total amount received by a district under sections 22a and 22b
or received by an intermediate district under section 81 may be transferred by
the board to either the capital projects fund or to the debt retirement fund
for debt service. A district or other entity shall not apply or take the money
for a purpose other than as provided in this section. The department shall
determine the reasonableness of expenditures and may withhold from a recipient
of funds under this article the apportionment otherwise due upon a violation by
the recipient. A district must not be prohibited or
limited from using funds appropriated or allocated under this article that are
permitted for use for noninstructional services to contract or subcontract with
an intermediate district, third party, or vendor for the noninstructional
services.
(2) A district or
intermediate district shall adopt an annual budget in a manner that complies
with the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to
141.440a. Within 15 days after a district board adopts its annual operating
budget for the following school fiscal year, or after a district board adopts a
subsequent revision to that budget, the district shall make all of the
following available through a link on its website homepage, or may make the
information available through a link on its intermediate district's website
homepage, in a form and manner prescribed by the department:
(a) The annual operating
budget and subsequent budget revisions.
(b) Using data that have
already been collected and submitted to the department, a summary of district
expenditures for the most recent fiscal year for which they are available,
expressed in the following 2 visual displays:
(i) A chart of personnel expenditures, broken into the
following subcategories:
(A) Salaries and wages.
(B) Employee benefit
costs, including, but not limited to, medical, dental, vision, life,
disability, and long-term care benefits.
(C) Retirement benefit
costs.
(D) All other personnel
costs.
(ii) A chart of all district expenditures, broken into the
following subcategories:
(A) Instruction.
(B) Support services.
(C) Business and
administration.
(D) Operations and
maintenance.
(c) Links to all of the
following:
(i) The current collective bargaining agreement for each
bargaining unit.
(ii) Each health care benefits plan, including, but not limited
to, medical, dental, vision, disability, long-term care, or any other type of
benefits that would constitute health care services, offered to any bargaining
unit or employee in the district.
(iii) The audit report of the audit conducted under subsection
(4) for the most recent fiscal year for which it is available.
(iv) The bids required under section 5 of the public employees
health benefit act, 2007 PA 106, MCL 124.75.
(v) The district's written policy governing procurement of
supplies, materials, and equipment.
(vi) The district's written policy establishing specific
categories of reimbursable expenses, as described in section 1254(2) of the
revised school code, MCL 380.1254.
(vii) Either the district's accounts payable check register for
the most recent school fiscal year or a statement of the total amount of expenses
incurred by board members or employees of the district that were reimbursed by
the district for the most recent school fiscal year.
(d) The total salary and
a description and cost of each fringe benefit included in the compensation
package for the superintendent of the district and for each employee of the
district whose salary exceeds $100,000.00.
(e) The annual amount
spent on dues paid to associations.
(f) The annual amount
spent on lobbying or lobbying services. As used in this subdivision, "lobbying"
means that term as defined in section 5 of 1978 PA 472, MCL 4.415.
(g) Any deficit
elimination plan or enhanced deficit elimination plan the district was required
to submit under the revised school code.
(h) Identification of
all credit cards maintained by the district as district credit cards, the
identity of all individuals authorized to use each of those credit cards, the
credit limit on each credit card, and the dollar limit, if any, for each
individual's authorized use of the credit card.
(i) Costs incurred for
each instance of out-of-state travel by the school administrator of the
district that is fully or partially paid for by the district and the details of
each of those instances of out-of-state travel, including at least
identification of each individual on the trip, destination, and purpose.
(3) For the information
required under subsection (2)(a), (2)(b)(i), and
(2)(c), an intermediate district shall provide the same information in the same
manner as required for a district under subsection (2).
(4) For the purposes of
determining the reasonableness of expenditures, whether a district or
intermediate district has received the proper amount of funds under this
article, and whether a violation of this article has occurred, all of the
following apply:
(a) The department shall
require that each district and intermediate district have an audit of the
district's or intermediate district's financial and pupil accounting records
conducted at least annually, and at such other times as determined by the
department, at the expense of the district or intermediate district, as
applicable. The audits must be performed by a certified public accountant or by
the intermediate district superintendent, as may be required by the department,
or in the case of a district of the first class by a certified public
accountant, the intermediate superintendent, or the auditor general of the
city. A district or intermediate district shall retain these records for the
current fiscal year and from at least the 3 immediately preceding fiscal years.
(b) If a district
operates in a single building with fewer than 700 full-time equated pupils, if
the district has stable membership, and if the error rate of the immediately
preceding 2 pupil accounting field audits of the district is less than 2%, the
district may have a pupil accounting field audit conducted biennially but must
continue to have desk audits for each pupil count. The auditor must document
compliance with the audit cycle in the pupil auditing manual. As used in this subdivision,
"stable membership" means that the district's membership for the
current fiscal year varies from the district's membership for the immediately
preceding fiscal year by less than 5%.
(c) A district's or
intermediate district's annual financial audit must include an analysis of the
financial and pupil accounting data used as the basis for distribution of state
school aid.
(d) The pupil and
financial accounting records and reports, audits, and management letters are
subject to requirements established in the auditing and accounting manuals
approved and published by the department.
(e) All of the following
shall must be done
not later than November 1 each year for reporting the prior fiscal year data:
(i) A district shall file the annual financial audit reports
with the intermediate district and the department.
(ii) The intermediate district shall file the annual financial
audit reports for the intermediate district with the department.
(iii) The intermediate district shall enter the pupil membership
audit reports for its constituent districts and for the intermediate district,
for the pupil membership count day and supplemental count day, in the Michigan
student data system.
(f) The annual financial
audit reports and pupil accounting procedures reports must be available to the
public in compliance with the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(g) Not later than
January 31 of each year, the department shall notify the state budget director
and the legislative appropriations subcommittees responsible for review of the
school aid budget of districts and intermediate districts that have not filed
an annual financial audit and pupil accounting procedures report required under
this section for the school year ending in the immediately preceding fiscal
year.
(5) By the first business day in November 1 of each fiscal year, but, for submission of the 2019-2020 annual comprehensive
financial data described in this subsection, by the first business day in
December, each district and intermediate district shall submit to the
center, in a manner prescribed by the center, annual comprehensive financial
data consistent with the district's or intermediate district's audited
financial statements and consistent with accounting manuals and charts of
accounts approved and published by the department. For an intermediate
district, the report must also contain the website address where the department
can access the report required under section 620 of the revised school code, MCL
380.620. The department shall ensure that the prescribed Michigan public school
accounting manual chart of accounts includes standard conventions to
distinguish expenditures by allowable fund function and object. The functions
must include at minimum categories for instruction, pupil support,
instructional staff support, general administration, school administration,
business administration, transportation, facilities operation and maintenance,
facilities acquisition, and debt service; and must include object
classifications of salary, benefits, including categories for active employee
health expenditures, purchased services, supplies, capital outlay, and other. A
district shall report the required level of detail consistent with the manual
as part of the comprehensive annual financial report.
(6) By the last business day in September 30 of each year, each district and intermediate
district shall file with the center the special education actual cost report,
known as "SE-4096", on a form and in the manner prescribed by the
center. An intermediate district shall certify the audit of a district's
report.
(7) By October 7 not later than 1 week
after the last business day in September of each year, each district and
intermediate district shall file with the center the audited transportation
expenditure report, known as "SE-4094", on a form and in the manner
prescribed by the center. An intermediate district shall certify the audit of a
district's report.
(8) The department shall
review its pupil accounting and pupil auditing manuals at least annually and
shall periodically update those manuals to reflect changes in this article.
(9) If a district that
is a public school academy purchases property using money received under this
article, the public school academy shall retain ownership of the property
unless the public school academy sells the property at fair market value.
(10) If a district or
intermediate district does not comply with subsections (4), (5), (6), (7), and
(12), or if the department determines that the financial data required under
subsection (5) are not consistent with audited financial statements, the department
shall withhold all state school aid due to the district or intermediate
district under this article, beginning with the next payment due to the
district or intermediate district, until the district or intermediate district
complies with subsections (4), (5), (6), (7), and (12). If the district or
intermediate district does not comply with subsections (4), (5), (6), (7), and
(12) by the end of the fiscal year, the district or intermediate district
forfeits the amount withheld.
(11) If a district or
intermediate district does not comply with subsection (2), the department may
withhold up to 10% of the total state school aid due to the district or
intermediate district under this article, beginning with the next payment due
to the district or intermediate district, until the district or intermediate
district complies with subsection (2). If the district or intermediate district
does not comply with subsection (2) by the end of the fiscal year, the district
or intermediate district forfeits the amount withheld.
(12) By November 1 of
each year, if a district or intermediate district offers virtual learning under
section 21f, or for a school of excellence that is a cyber school, as defined
in section 551 of the revised school code, MCL 380.551, the district or
intermediate district shall submit to the department a report that details the
per-pupil costs of operating the virtual learning by vendor type and virtual
learning model. The report must include information concerning the operation of
virtual learning for the immediately preceding school fiscal year, including
information concerning summer programming. Information must be collected in a
form and manner determined by the department and must be collected in the most
efficient manner possible to reduce the administrative burden on reporting
entities.
(13) By March 31 of each
year, the department shall submit to the house and senate appropriations
subcommittees on state school aid, the state budget director, and the house and
senate fiscal agencies a report summarizing the per-pupil costs by vendor type
of virtual courses available under section 21f and virtual courses provided by
a school of excellence that is a cyber school, as defined in section 551 of the
revised school code, MCL 380.551.
(14) As used in subsections
(12) and (13), "vendor type" means the following:
(a) Virtual courses
provided by the Michigan Virtual University.
(b) Virtual courses
provided by a school of excellence that is a cyber school, as defined in
section 551 of the revised school code, MCL 380.551.
(c) Virtual courses
provided by third party vendors not affiliated with a Michigan public school.
(d) Virtual courses
created and offered by a district or intermediate district.
(15) An allocation to a
district or another entity under this article is contingent upon the district's
or entity's compliance with this section.
(16) Beginning October 1, 2020, and annually thereafter, the
department shall submit to the senate and house subcommittees on state school
aid and to the senate and house standing committees on education an itemized
list of allocations under this article to any association or consortium
consisting of associations in the immediately preceding fiscal year. The report
must detail the recipient or recipients, the amount allocated, and the purpose
for which the funds were distributed.
Sec. 18a. Grant Except
as otherwise provided in this article, grant funds awarded and
allotted to a district, intermediate district, or other entity, unless
otherwise specified in this article, shall
must be expended by the grant
recipient before the end of the fiscal year immediately following the fiscal
year in which the funds are received. If
Except as otherwise provided in this article,
if a grant recipient does not expend the funds received under
this article before the end of the fiscal year in which the funds are received,
the grant recipient shall submit a report to the department not later than
November 1 after the fiscal year in which the funds are received indicating
whether it expects to expend those funds during the fiscal year in which the
report is submitted. A Except as otherwise provided in this article, a recipient
of a grant shall return any unexpended grant funds to the department in the
manner prescribed by the department not later than September 30 after the
fiscal year in which the funds are received.
Sec. 20. (1) For 2019-2020, 2020-2021,
both of the following apply:
(a) The target foundation allowance , formerly known as the basic foundation
allowance, is $8,529.00.
(b) The minimum foundation allowance is $8,111.00.
(2) The department shall calculate the amount of each
district's foundation allowance as provided in this section, using a target
foundation allowance in the amount specified in subsection (1). For the purpose of these calculations, a
reference to the target foundation allowance for a preceding fiscal year is
equivalent to a reference to the "basic" foundation allowance for
that fiscal year.
(3) Except as otherwise provided in this section, the
department shall calculate the amount of a district's foundation allowance as
follows, using in all calculations the total amount of the district's foundation
allowance as calculated before any proration:
(a) Except as otherwise provided in this subdivision, for a
district that had a foundation allowance for the immediately preceding fiscal
year that was at least equal to the minimum foundation allowance for the
immediately preceding fiscal year, but less than the target foundation
allowance for the immediately preceding fiscal year, the district receives a
foundation allowance in an amount equal to the sum of the district's foundation
allowance for the immediately preceding fiscal year plus the difference between
twice the dollar amount of the adjustment from the immediately preceding fiscal
year to the current fiscal year made in the target foundation allowance and
[(the difference between the target foundation allowance for the current fiscal
year and target foundation allowance for the immediately preceding fiscal year
minus $40.00) times (the difference between the district's foundation allowance
for the immediately preceding fiscal year and the minimum foundation allowance
for the immediately preceding fiscal year) divided by the difference between
the target foundation allowance for the current fiscal year and the minimum
foundation allowance for the immediately preceding fiscal year.] However, the foundation
allowance for a district that had less than the target foundation allowance for
the immediately preceding fiscal year must not exceed the target foundation
allowance for the current fiscal year.
(b) Except as otherwise provided in this subsection, for a
district that in the immediately preceding fiscal year had a foundation
allowance in an amount equal to the amount of the target foundation allowance
for the immediately preceding fiscal year, the district receives a foundation
allowance for 2019-2020 2020-2021
in an amount equal to the target foundation allowance for 2019-2020.2020-2021.
(c) For a district that had a foundation allowance for the
immediately preceding fiscal year that was greater than the target foundation
allowance for the immediately preceding fiscal year, the district's foundation
allowance is an amount equal to the sum of the district's foundation allowance
for the immediately preceding fiscal year plus the lesser of the increase in
the target foundation allowance for the current fiscal year, as compared to the
immediately preceding fiscal year, or the product of the district's foundation
allowance for the immediately preceding fiscal year times the percentage
increase in the United States Consumer Price Index in the calendar year ending
in the immediately preceding fiscal year as reported by the May revenue
estimating conference conducted under section 367b of the management and budget
act, 1984 PA 431, MCL 18.1367b.
(d) For a district that has a foundation allowance that is not
a whole dollar amount, the department shall round the district's foundation
allowance up to the nearest whole dollar.
(4) Except as otherwise provided in this subsection,
beginning in 2014-2015, the state portion of a district's foundation allowance
is an amount equal to the district's foundation allowance or the target
foundation allowance for the current fiscal year, whichever is less, minus the
local portion of the district's foundation allowance. For a district described
in subsection (3)(c), beginning in 2014-2015, the state portion of the
district's foundation allowance is an amount equal to $6,962.00 plus the
difference between the district's foundation allowance for the current fiscal
year and the district's foundation allowance for 1998-99, minus the local
portion of the district's foundation allowance. For a district that has a
millage reduction required under section 31 of article IX of the state
constitution of 1963, the department shall calculate the state portion of the
district's foundation allowance as if that reduction did not occur. For a
receiving district, if school operating taxes continue to be levied on behalf
of a dissolved district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved district under
section 12 of the revised school code, MCL 380.12, the taxable value per
membership pupil of property in the receiving district used for the purposes of
this subsection does not include the taxable value of property within the geographic
area of the dissolved district. For a community district, if school operating
taxes continue to be levied by a qualifying school district under section 12b
of the revised school code, MCL 380.12b, with the same geographic area as the
community district, the taxable value per membership pupil of property in the
community district to be used for the purposes of this subsection does not
include the taxable value of property within the geographic area of the
community district.
(5) The allocation calculated under this section for a pupil
is based on the foundation allowance of the pupil's district of residence. For
a pupil enrolled pursuant to section 105 or 105c in a district other than the
pupil's district of residence, the allocation calculated under this section is
based on the lesser of the foundation allowance of the pupil's district of
residence or the foundation allowance of the educating district. For a pupil in
membership in a K-5, K-6, or K-8 district who is enrolled in another district
in a grade not offered by the pupil's district of residence, the allocation
calculated under this section is based on the foundation allowance of the
educating district if the educating district's foundation allowance is greater
than the foundation allowance of the pupil's district of residence.
(6) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a public school
academy, the allocation calculated under this section is an amount per
membership pupil other than special education pupils in the public school
academy equal to the minimum foundation allowance specified in subsection (1).
Notwithstanding section 101, for a public school academy that begins operations
after the pupil membership count day, the amount per membership pupil
calculated under this subsection must be adjusted by multiplying that amount
per membership pupil by the number of hours of pupil instruction provided by
the public school academy after it begins operations, as determined by the
department, divided by the minimum number of hours of pupil instruction
required under section 101(3). The result of this calculation must not exceed
the amount per membership pupil otherwise calculated under this subsection.
(7) Except as otherwise provided in this subsection, for
pupils in membership, other than special education pupils, in a community
district, the allocation calculated under this section is an amount per
membership pupil other than special education pupils in the community district
equal to the foundation allowance of the qualifying school district, as
described in section 12b of the revised school code, MCL 380.12b, that is
located within the same geographic area as the community district.
(8) Subject to subsection (4), for a district that is formed
or reconfigured after June 1, 2002 by consolidation of 2 or more districts or
by annexation, the resulting district's foundation allowance under this section
beginning after the effective date of the consolidation or annexation is the lesser
of the sum of the average of the foundation allowances of each of the original
or affected districts, calculated as provided in this section, weighted as to
the percentage of pupils in total membership in the resulting district who
reside in the geographic area of each of the original or affected districts
plus $100.00 or the highest foundation allowance among the original or affected
districts. This subsection does not apply to a receiving district unless there
is a subsequent consolidation or annexation that affects the district.
(9) The department shall round each fraction used in making
calculations under this section to the fourth decimal place and shall round the
dollar amount of an increase in the target foundation allowance to the nearest
whole dollar.
(10) State payments related to payment of the foundation
allowance for a special education pupil are not calculated under this section
but are instead calculated under section 51a.
(11) To assist the legislature in determining the target
foundation allowance for the subsequent fiscal year, each revenue estimating
conference conducted under section 367b of the management and budget act, 1984
PA 431, MCL 18.1367b, must calculate a pupil membership factor, a revenue
adjustment factor, and an index as follows:
(a) The pupil membership factor is computed by dividing the
estimated membership in the school year ending in the current fiscal year,
excluding intermediate district membership, by the estimated membership for the
school year ending in the subsequent fiscal year, excluding intermediate
district membership. If a consensus membership factor is not determined at the
revenue estimating conference, the principals of the revenue estimating
conference shall report their estimates to the house and senate subcommittees
responsible for school aid appropriations not later than 7 days after the
conclusion of the revenue conference.
(b) The revenue adjustment factor is computed by dividing the
sum of the estimated total state school aid fund revenue for the subsequent fiscal
year plus the estimated total state school aid fund revenue for the current
fiscal year, adjusted for any change in the rate or base of a tax the proceeds
of which are deposited in that fund and excluding money transferred into that
fund from the countercyclical budget and economic stabilization fund under the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of
the estimated total school aid fund revenue for the current fiscal year plus
the estimated total state school aid fund revenue for the immediately preceding
fiscal year, adjusted for any change in the rate or base of a tax the proceeds
of which are deposited in that fund. If a consensus revenue factor is not
determined at the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and senate
subcommittees responsible for state school aid appropriations not later than 7
days after the conclusion of the revenue conference.
(c) The index is calculated by multiplying the pupil
membership factor by the revenue adjustment factor. If a consensus index is not
determined at the revenue estimating conference, the principals of the revenue
estimating conference shall report their estimates to the house and senate subcommittees
responsible for state school aid appropriations not later than 7 days after the
conclusion of the revenue conference.
(12) Payments to districts and public school academies are
not made under this section. Rather, the calculations under this section are
used to determine the amount of state payments under section 22b.
(13) If an amendment to section 2 of article VIII of the
state constitution of 1963 allowing state aid to some or all nonpublic schools
is approved by the voters of this state, each foundation allowance or per-pupil
payment calculation under this section may be reduced.
(14)
For the purposes of section 1211 of the revised school code, MCL 380.1211, the
basic foundation allowance under this section is considered to be the target
foundation allowance under this section.
(14)
(15) As used in this
section:
(a) "Certified mills" means the lesser of 18 mills
or the number of mills of school operating taxes levied by the district in
1993-94.
(b) "Combined state and local revenue" means the
aggregate of the district's state school aid received by or paid on behalf of
the district under this section and the district's local school operating
revenue.
(c) "Combined state and local revenue per membership
pupil" means the district's combined state and local revenue divided by
the district's membership excluding special education pupils.
(d) "Current fiscal year" means the fiscal year for
which a particular calculation is made.
(e) "Dissolved district" means a district that
loses its organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the revised school
code, MCL 380.12.
(f) "Immediately preceding fiscal year" means the
fiscal year immediately preceding the current fiscal year.
(g) "Local portion of the district's foundation
allowance" means an amount that is equal to the difference between (the
sum of the product of the taxable value per membership pupil of all property in
the district that is nonexempt property times the district's certified mills
and, for a district with certified mills exceeding 12, the product of the
taxable value per membership pupil of property in the district that is
commercial personal property times the certified mills minus 12 mills) and (the
quotient of the product of the captured assessed valuation under tax increment
financing acts times the district's certified mills divided by the district's
membership excluding special education pupils).
(h) "Local school operating revenue" means school
operating taxes levied under section 1211 of the revised school code, MCL
380.1211. For a receiving district, if school operating taxes are to be levied
on behalf of a dissolved district that has been attached in whole or in part to
the receiving district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, local school operating
revenue does not include school operating taxes levied within the geographic
area of the dissolved district.
(i) "Local school operating revenue per membership
pupil" means a district's local school operating revenue divided by the
district's membership excluding special education pupils.
(j) "Membership" means the definition of that term
under section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(k) "Nonexempt property" means property that is not
a principal residence, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, commercial
personal property, or property occupied by a public school academy.
(l) "Principal
residence", "qualified agricultural property", "qualified
forest property", "supportive housing property",
"industrial personal property", and "commercial personal
property" mean those terms as defined in section 1211 of the revised
school code, MCL 380.1211.
(m) "Receiving
district" means a district to which all or part of the territory of a
dissolved district is attached under section 12 of the revised school code, MCL
380.12.
(n) "School
operating purposes" means the purposes included in the operation costs of
the district as prescribed in sections 7 and 18 and purposes authorized under
section 1211 of the revised school code, MCL 380.1211.
(o) "School
operating taxes" means local ad valorem property taxes levied under
section 1211 of the revised school code, MCL 380.1211, and retained for school
operating purposes.
(p) "Target foundation allowance for the immediately
preceding fiscal year" means, for 2019-2020 only, the basic foundation
allowance in effect for the 2018-2019 fiscal year.
(p) (q) "Tax
increment financing acts" means parts 2, 3, 4, and 6 of the recodified tax
increment financing act, 2018 PA 57, MCL 125.4201 to 125.4420 and 125.4602 to
125.4629, or the brownfield redevelopment financing act, 1996 PA 381, MCL
125.2651 to 125.2670.
(q) (r) "Taxable
value per membership pupil" means taxable value, as certified by the
county treasurer and reported to the department, for the calendar year ending
in the current state fiscal year divided by the district's membership excluding
special education pupils for the school year ending in the current state fiscal
year.
Sec. 20d. In making the final determination required under
former section 20a of a district's combined state and local revenue per
membership pupil in 1993-94 and in making calculations under section 20 for 2019-2020, 2020-2021, the
department and the department of treasury shall comply with all of the
following:
(a) For a district that
had combined state and local revenue per membership pupil in the 1994-95 fiscal
year of $6,500.00 or more and served as a fiscal agent for a state board
designated area vocational education center in the 1993-94 school year, total
state school aid received by or paid on behalf of the district under this act
in 1993-94 excludes payments made under former section 146 and under section
147 on behalf of the district's employees who provided direct services to the
area vocational education center. Not later than June 30, 1996, the department
shall make an adjustment under this subdivision to the district's combined
state and local revenue per membership pupil in the 1994-95 fiscal year and the
department of treasury shall make a final certification of the number of mills
that may be levied by the district under section 1211 of the revised school
code, MCL 380.1211, as a result of the adjustment under this subdivision.
(b) If a district had an
adjustment made to its 1993-94 total state school aid that excluded payments
made under former section 146 and under section 147 on behalf of the district's
employees who provided direct services for intermediate district center
programs operated by the district under sections 51 to 56, if nonresident
pupils attending the center programs were included in the district's membership
for purposes of calculating the combined state and local revenue per membership
pupil for 1993-94, and if there is a signed agreement by all constituent
districts of the intermediate district agreeing to an adjustment under this
subdivision, the department shall calculate the foundation allowances for
1995-96 and 1996-97 of all districts that had pupils attending the intermediate
district center program operated by the district that had the adjustment as if
their combined state and local revenue per membership pupil for 1993-94
included resident pupils attending the center program and excluded nonresident
pupils attending the center program.
Sec. 20f. (1) From the funds appropriated in section 11,
there is allocated an amount not to exceed $18,000,000.00
for 2019-2020 2020-2021 for payments to eligible districts under this
section.
(2) The funding under
this subsection is from the allocation under subsection (1). A district is
eligible for funding under this subsection if the district received a payment
under this section as it was in effect for 2013-2014. A district was eligible
for funding in 2013-2014 if the sum of the following was less than $5.00:
(a) The increase in the
district's foundation allowance or per-pupil payment as calculated under
section 20 from 2012-2013 to 2013-2014.
(b) The district's
equity payment per membership pupil under former section 22c for 2013-2014.
(c) The quotient of the
district's allocation under section 147a for 2012-2013 divided by the
district's membership pupils for 2012-2013 minus the quotient of the district's
allocation under section 147a for 2013-2014 divided by the district's
membership pupils for 2013-2014.
(3) The amount allocated
to each eligible district under subsection (2) is an amount per membership
pupil equal to the amount per membership pupil the district received under this
section in 2013-2014.
(4) The funding under
this subsection is from the allocation under subsection (1). A district is
eligible for funding under this subsection if the sum of the following is less
than $25.00:
(a) The increase in the
district's foundation allowance or per-pupil payment as calculated under
section 20 from 2014-2015 to 2015-2016.
(b) The decrease in the
district's best practices per-pupil funding under former section 22f from
2014-2015 to 2015-2016.
(c) The decrease in the
district's pupil performance per-pupil funding under former section 22j from
2014-2015 to 2015-2016.
(d) The quotient of the
district's allocation under section 31a for 2015-2016 divided by the district's
membership pupils for 2015-2016 minus the quotient of the district's allocation
under section 31a for 2014-2015 divided by the district's membership pupils for
2014-2015.
(5) The amount allocated
to each eligible district under subsection (4) is an amount per membership
pupil equal to $25.00 minus the sum of the following:
(a) The increase in the
district's foundation allowance or per-pupil payment as calculated under
section 20 from 2014-2015 to 2015-2016.
(b) The decrease in the
district's best practices per-pupil funding under former section 22f from
2014-2015 to 2015-2016.
(c) The decrease in the
district's pupil performance per-pupil funding under former section 22j from
2014-2015 to 2015-2016.
(d) The quotient of the
district's allocation under section 31a for 2015-2016 divided by the district's
membership pupils for 2015-2016 minus the quotient of the district's allocation
under section 31a for 2014-2015 divided by the district's membership pupils for
2014-2015.
(6) If the allocation
under subsection (1) is insufficient to fully fund payments under subsections
(3) and (5) as otherwise calculated under this section, the department shall
prorate payments under this section on an equal per-pupil basis.
Sec. 21h. (1) From the appropriation in section 11, there is
allocated $6,000,000.00 $6,137,400.00 for 2019-2020 2020-2021 for
assisting districts assigned by the superintendent to participate in a
partnership and districts that have established a
community engagement advisory committee in partnership with the department of
treasury, are required to submit a deficit elimination plan or an enhanced
deficit elimination plan under section 1220 of the revised school code, MCL
380.1220, and are located in a city with a population between 9,000 and 11,000
that is in a county with a population between 155,000 and 160,000 to
improve student achievement and district financial
stability. The superintendent shall collaborate
with the state treasurer to identify any conditions that may be contributing to
low academic performance within a district being considered for assignment to a
partnership. The purpose of the partnership is to identify district
needs, develop intervention plans, and partner with public, private, and
nonprofit organizations to coordinate resources and improve student
achievement. Assignment of a district to a partnership is at the sole discretion of made
by the superintendent in consultation with the
state treasurer.
(2) A district assigned to a partnership by the superintendent described in subsection (1) is eligible for funding
under this section if the district includes at least 1 school that has been rated with a grade of "F", or comparable
performance rating, in the most recent state accountability system rating and
that does identified as low performing under the
approved federal accountability system or the state accountability system. A
district described in this subsection must do all of the following to be eligible for funding under this section:
(a) Completes For a partnership
district under this section, within 90 days of assignment to the partnership
described in this section, and for a district described in subsection (1) that
is not a partnership district under this section, by October 15 of each year,
complete a comprehensive needs assessment or
evaluation in collaboration with an intermediate school
district, community members, education organizations, and postsecondary
institutions, as applicable, and that is approved by the
superintendent. , within
90 days of assignment to the partnership described in this section. The
comprehensive needs assessment or evaluation must
include at least all of the following:
(i) A review of the district's implementation and utilization
of a multi-tiered system of supports to ensure that it is used to appropriately
inform instruction.
(ii) A review of the district and school building leadership and
educator capacity to substantially improve student outcomes.
(iii) A review of classroom, instructional, and operational
practices and curriculum to ensure alignment with research-based instructional
practices and state curriculum standards.
(b) Develops an Develop an academic
and financial operating or intervention plan that has been approved by
the superintendent and that addresses the needs identified in the comprehensive
needs assessment or evaluation completed under
subdivision (a). The intervention plan must include at least all of the
following:
(i) Specific actions that will be taken by the district and
each of its partners to improve student achievement.
(ii) Specific measurable benchmarks that will be met within 18
months to improve student achievement and identification of expected student
achievement outcomes to be attained within 3 years after assignment to the
partnership.
(c) Crafts Craft academic
goals that put pupils on track to meet or exceed grade level proficiency.
(3) Upon approval of the
academic and financial operating or intervention
plan developed under subsection (2), the department, in
collaboration with the department of treasury, shall assign a team of
individuals with expertise in comprehensive school and district reform to
partner with the district, the intermediate district, community organizations,
education organizations, and postsecondary institutions identified in the academic and financial operating or intervention plan to
review the district's use of existing financial resources to ensure that those
resources are being used as efficiently and effectively as possible to improve
student academic achievement and to ensure district
financial stability. The superintendent of public instruction may waive
burdensome administrative rules for a partnership district for the duration of
the partnership agreement and for a district described in
subsection (1) that is not a partnership district under this section and that
receives funding under this section in the current fiscal year.
(4) Funds allocated
under this section, excluding funds allocated under subsection
(5), may be used to pay for district expenditures approved by the
superintendent to improve student achievement. Funds may be used for
professional development for teachers or district or school leadership,
increased instructional time, teacher mentors, or other expenditures that
directly impact student achievement and cannot be paid from existing district
financial resources. An eligible district shall must not receive funds under this section for more than
3 years. Notwithstanding section 17b, the department shall make payments to eligible districts under this section on a schedule
determined by the department.
(5) From the funds allocated under subsection (1), there is
allocated for 2020-2021 an amount not to exceed $137,400.00 for the purchase of
a data analytics tool to be used by districts described in subsection (1). The
superintendent of public instruction shall require districts described in subsection
(1) to purchase a data analytics tool funded under this subsection as part of
the agreements described in this section.
(6) (5) The
department, in consultation with the department of
treasury, shall annually report in person to
the legislature on the activities funded under this section and how those
activities impacted student achievement in eligible districts
that received funds under this section. To the extent possible, participating
districts receiving funding under this section shall participate in the report.
Sec. 22a. (1)
From the appropriation in section 11, there is allocated an amount not to
exceed $4,916,000,000.00 for 2019-2020 and
there is allocated an amount not to exceed $4,880,500,000.00 for 2020-2021 for
payments to districts and qualifying public school academies to guarantee each
district and qualifying public school academy an amount equal to its 1994-95
total state and local per pupil revenue for school operating purposes under
section 11 of article IX of the state constitution of 1963. Pursuant to section
11 of article IX of the state constitution of 1963, this guarantee does not
apply to a district in a year in which the district levies a millage rate for
school district operating purposes less than it levied in 1994. However,
subsection (2) applies to calculating the payments under this section. Funds allocated under this section that are not expended in the
fiscal year for which they were allocated, as determined by the department, may
be used to supplement the allocations under sections 22b and 51c to fully fund
those allocations for the same fiscal year. For each fund transfer as described
in the immediately preceding sentence that occurs, the state budget director
shall send notification of the transfer to the house and senate appropriations
subcommittees on state school aid and the house and senate fiscal agencies by
not later than 14 calendar days after the transfer occurs.
(2) To ensure that a district receives an amount equal to the
district's 1994-95 total state and local per pupil revenue for school operating
purposes, there is allocated to each district a state portion of the district's
1994-95 foundation allowance in an amount calculated as follows:
(a) Except as otherwise provided in this subsection, the
state portion of a district's 1994-95 foundation allowance is an amount equal
to the district's 1994-95 foundation allowance or $6,500.00, whichever is less,
minus the difference between the sum of the product of the taxable value per membership
pupil of all property in the district that is nonexempt property times the
district's certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of property in the
district that is commercial personal property times the certified mills minus
12 mills and the quotient of the ad valorem property tax revenue of the
district captured under tax increment financing acts divided by the district's
membership. For a district that has a millage reduction required under section
31 of article IX of the state constitution of 1963, the department shall
calculate the state portion of the district's foundation allowance as if that
reduction did not occur. For a receiving district, if school operating taxes
are to be levied on behalf of a dissolved district that has been attached in
whole or in part to the receiving district to satisfy debt obligations of the
dissolved district under section 12 of the revised school code, MCL 380.12,
taxable value per membership pupil of all property in the receiving district
that is nonexempt property and taxable value per membership pupil of property
in the receiving district that is commercial personal property do not include
property within the geographic area of the dissolved district; ad valorem
property tax revenue of the receiving district captured under tax increment
financing acts does not include ad valorem property tax revenue captured within
the geographic boundaries of the dissolved district under tax increment
financing acts; and certified mills do not include the certified mills of the
dissolved district. For a community district, the department shall reduce the
allocation as otherwise calculated under this section by an amount equal to the
amount of local school operating tax revenue that would otherwise be due to the
community district if not for the operation of section 386 of the revised
school code, MCL 380.386, and the amount of this reduction is offset by the
increase in funding under section 22b(2).
(b) For a district that had a 1994-95 foundation allowance
greater than $6,500.00, the state payment under this subsection is the sum of
the amount calculated under subdivision (a) plus the amount calculated under
this subdivision. The amount calculated under this subdivision must be equal to
the difference between the district's 1994-95 foundation allowance minus
$6,500.00 and the current year hold harmless school operating taxes per pupil.
If the result of the calculation under subdivision (a) is negative, the
negative amount is an offset against any state payment calculated under this
subdivision. If the result of a calculation under this subdivision is negative,
there is not a state payment or a deduction under this subdivision. The taxable
values per membership pupil used in the calculations under this subdivision are
as adjusted by ad valorem property tax revenue captured under tax increment
financing acts divided by the district's membership. For a receiving district,
if school operating taxes are to be levied on behalf of a dissolved district
that has been attached in whole or in part to the receiving district to satisfy
debt obligations of the dissolved district under section 12 of the revised
school code, MCL 380.12, ad valorem property tax revenue captured under tax
increment financing acts do not include ad valorem property tax revenue
captured within the geographic boundaries of the dissolved district under tax
increment financing acts.
(3) Beginning in 2003-2004, for pupils in membership in a
qualifying public school academy, there is allocated under this section to the
authorizing body that is the fiscal agent for the qualifying public school
academy for forwarding to the qualifying public school academy an amount equal
to the 1994-95 per pupil payment to the qualifying public school academy under
section 20.
(4) A district or qualifying public school academy may use
funds allocated under this section in conjunction with any federal funds for
which the district or qualifying public school academy otherwise would be
eligible.
(5) Except as otherwise provided in this subsection, for a
district that is formed or reconfigured after June 1, 2000 by consolidation of
2 or more districts or by annexation, the resulting district's 1994-95
foundation allowance under this section beginning after the effective date of
the consolidation or annexation is the average of the 1994-95 foundation
allowances of each of the original or affected districts, calculated as
provided in this section, weighted as to the percentage of pupils in total
membership in the resulting district in the fiscal year in which the
consolidation takes place who reside in the geographic area of each of the
original districts. If an affected district's 1994-95 foundation allowance is
less than the 1994-95 basic foundation allowance, the amount of that district's
1994-95 foundation allowance is considered for the purpose of calculations
under this subsection to be equal to the amount of the 1994-95 basic foundation
allowance. This subsection does not apply to a receiving district unless there
is a subsequent consolidation or annexation that affects the district.
(6) Payments under this section are subject to section 25g.
(7) As used in this section:
(a) "1994-95 foundation allowance" means a district's
1994-95 foundation allowance calculated and certified by the department of
treasury or the superintendent under former section 20a as enacted in 1993 PA
336 and as amended by 1994 PA 283.
(b) "Certified mills" means the lesser of 18 mills
or the number of mills of school operating taxes levied by the district in
1993-94.
(c) "Current fiscal year" means the fiscal year for
which a particular calculation is made.
(d) "Current year hold harmless school operating taxes
per pupil" means the per pupil revenue generated by multiplying a
district's 1994-95 hold harmless millage by the district's current year taxable
value per membership pupil. For a receiving district, if school operating taxes
are to be levied on behalf of a dissolved district that has been attached in
whole or in part to the receiving district to satisfy debt obligations of the
dissolved district under section 12 of the revised school code, MCL 380.12,
taxable value per membership pupil does not include the taxable value of
property within the geographic area of the dissolved district.
(e) "Dissolved district" means a district that
loses its organization, has its territory attached to 1 or more other
districts, and is dissolved as provided under section 12 of the revised school
code, MCL 380.12.
(f) "Hold harmless millage" means, for a district
with a 1994-95 foundation allowance greater than $6,500.00, the number of mills
by which the exemption from the levy of school operating taxes on a principal
residence, qualified agricultural property, qualified forest property,
supportive housing property, industrial personal property, commercial personal
property, and property occupied by a public school academy could be reduced as
provided in section 1211 of the revised school code, MCL 380.1211, and the
number of mills of school operating taxes that could be levied on all property
as provided in section 1211(2) of the revised school code, MCL 380.1211, as
certified by the department of treasury for the 1994 tax year. For a receiving
district, if school operating taxes are to be levied on behalf of a dissolved
district that has been attached in whole or in part to the receiving district
to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, school operating taxes do not include school
operating taxes levied within the geographic area of the dissolved district.
(g) "Membership" means the definition of that term
under section 6 as in effect for the particular fiscal year for which a
particular calculation is made.
(h) "Nonexempt property" means property that is not
a principal residence, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, commercial
personal property, or property occupied by a public school academy.
(i) "Principal residence", "qualified
agricultural property", "qualified forest property",
"supportive housing property", "industrial personal
property", and "commercial personal property" mean those terms
as defined in section 1211 of the revised school code, MCL 380.1211.
(j) "Qualifying public school academy" means a
public school academy that was in operation in the 1994-95 school year and is
in operation in the current fiscal year.
(k) "Receiving district" means a district to which
all or part of the territory of a dissolved district is attached under section
12 of the revised school code, MCL 380.12.
(l) "School operating
taxes" means local ad valorem property taxes levied under section 1211 of
the revised school code, MCL 380.1211, and retained for school operating
purposes as defined in section 20.
(m) "Tax increment
financing acts" means parts 2, 3, 4, and 6 of the recodified tax increment
financing act, 2018 PA 57, MCL 125.4201 to 125.4420 and 125.4602 to 125.4629,
or the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to
125.2670.
(n) "Taxable value
per membership pupil" means each of the following divided by the
district's membership:
(i) For the number of mills by which the exemption from the
levy of school operating taxes on a principal residence, qualified agricultural
property, qualified forest property, supportive housing property, industrial
personal property, commercial personal property, and property occupied by a
public school academy may be reduced as provided in section 1211 of the revised
school code, MCL 380.1211, the taxable value of principal residence, qualified
agricultural property, qualified forest property, supportive housing property,
industrial personal property, commercial personal property, and property
occupied by a public school academy for the calendar year ending in the current
fiscal year. For a receiving district, if school operating taxes are to be
levied on behalf of a dissolved district that has been attached in whole or in
part to the receiving district to satisfy debt obligations of the dissolved district
under section 12 of the revised school code, MCL 380.12, mills do not include
mills within the geographic area of the dissolved district.
(ii) For the number of mills of school operating taxes that may
be levied on all property as provided in section 1211(2) of the revised school
code, MCL 380.1211, the taxable value of all property for the calendar year
ending in the current fiscal year. For a receiving district, if school
operating taxes are to be levied on behalf of a dissolved district that has
been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school
code, MCL 380.12, school operating taxes do not include school operating taxes
levied within the geographic area of the dissolved district.
Sec. 22b. (1) For discretionary nonmandated payments to
districts under this section, there is allocated for 2019-2020 an amount not to
exceed $4,499,100,000.00 from the state school aid fund and general fund
appropriations in section 11 and an amount not to exceed $75,900,000.00 from
the community district education trust fund appropriation in section 11, and there is allocated for 2020-2021 an amount not to exceed
$4,488,800,000.00 from the state school aid fund and general fund
appropriations in section 11 and an amount not to exceed $77,700,000.00 from
the community district education trust fund appropriation in section 11.
Except for money allocated under this section from the
community district education trust fund appropriation in section 11, funds
allocated under this section that are not expended in the fiscal year for which
they were allocated, as determined by the department, may be used to supplement
the allocations under sections 22a and 51c to fully fund those allocations for
the same fiscal year. For each fund transfer as described in the immediately
preceding sentence that occurs, the state budget director shall send
notification of the transfer to the house and senate appropriations
subcommittees on state school aid and the house and senate fiscal agencies by
not later than 14 calendar days after the transfer occurs.
(2) Subject to
subsection (3) and section 296, the allocation to a district under this section
is an amount equal to the sum of the amounts calculated under sections 20,
51a(2), 51a(3), and 51a(11), minus the sum of the allocations to the district
under sections 22a and 51c. For a community district, the allocation as
otherwise calculated under this section is increased by an amount equal to the
amount of local school operating tax revenue that would otherwise be due to the
community district if not for the operation of section 386 of the revised
school code, MCL 380.386, and this increase must be paid from the community
district education trust fund allocation in subsection (1) in order to offset
the absence of local school operating revenue in a community district in the
funding of the state portion of the foundation allowance under section 20(4).
(3) In order to receive
an allocation under subsection (1), each district must do all of the following:
(a) Comply with section
1280b of the revised school code, MCL 380.1280b.
(b) Comply with sections
1278a and 1278b of the revised school code, MCL 380.1278a and 380.1278b.
(c) Furnish data and other
information required by state and federal law to the center and the department
in the form and manner specified by the center or the department, as
applicable.
(d) Comply with section
1230g of the revised school code, MCL 380.1230g.
(e) Comply with section
21f.
(f) For a district that
has entered into a partnership agreement with the department, comply with
section 22p.
(g) For a district that
offers kindergarten, comply with section 104(4).
(4) Districts are
encouraged to use funds allocated under this section for the purchase and
support of payroll, human resources, and other business function software that
is compatible with that of the intermediate district in which the district is
located and with other districts located within that intermediate district.
(5) From the allocation
in subsection (1), the department shall pay up to $1,000,000.00 in litigation
costs incurred by this state related to commercial or industrial property tax
appeals, including, but not limited to, appeals of classification, that impact
revenues dedicated to the state school aid fund.
(6) From the allocation
in subsection (1), the department shall pay up to $1,000,000.00 in litigation
costs incurred by this state associated with lawsuits filed by 1 or more
districts or intermediate districts against this state. If the allocation under
this section is insufficient to fully fund all payments required under this
section, the payments under this subsection must be made in full before any
proration of remaining payments under this section.
(7) It is the intent of
the legislature that all constitutional obligations of this state have been
fully funded under sections 22a, 31d, 51a, 51c, and 152a. If a claim is made by
an entity receiving funds under this article that challenges the legislative
determination of the adequacy of this funding or alleges that there exists an
unfunded constitutional requirement, the state budget director may escrow or
allocate from the discretionary funds for nonmandated payments under this
section the amount as may be necessary to satisfy the claim before making any
payments to districts under subsection (2). If funds are escrowed, the escrowed
funds are a work project appropriation and the funds are carried forward into
the following fiscal year. The purpose of the work project is to provide for
any payments that may be awarded to districts as a result of litigation. The
work project is completed upon resolution of the litigation.
(8) If the local claims
review board or a court of competent jurisdiction makes a final determination
that this state is in violation of section 29 of article IX of the state
constitution of 1963 regarding state payments to districts, the state budget
director shall use work project funds under subsection (7) or allocate from the
discretionary funds for nonmandated payments under this section the amount as
may be necessary to satisfy the amount owed to districts before making any
payments to districts under subsection (2).
(9) If a claim is made
in court that challenges the legislative determination of the adequacy of
funding for this state's constitutional obligations or alleges that there
exists an unfunded constitutional requirement, any interested party may seek an
expedited review of the claim by the local claims review board. If the claim
exceeds $10,000,000.00, this state may remove the action to the court of
appeals, and the court of appeals has and shall exercise jurisdiction over the
claim.
(10) If payments
resulting from a final determination by the local claims review board or a court
of competent jurisdiction that there has been a violation of section 29 of
article IX of the state constitution of 1963 exceed the amount allocated for
discretionary nonmandated payments under this section, the legislature shall
provide for adequate funding for this state's constitutional obligations at its
next legislative session.
(11) If a lawsuit
challenging payments made to districts related to costs reimbursed by federal
title XIX Medicaid funds is filed against this state, then, for the purpose of
addressing potential liability under such a lawsuit, the state budget director
may place funds allocated under this section in escrow or allocate money from
the funds otherwise allocated under this section, up to a maximum of 50% of the
amount allocated in subsection (1). If funds are placed in escrow under this
subsection, those funds are a work project appropriation and the funds are
carried forward into the following fiscal year. The purpose of the work project
is to provide for any payments that may be awarded to districts as a result of
the litigation. The work project is completed upon resolution of the
litigation. In addition, this state reserves the right to terminate future
federal title XIX Medicaid reimbursement payments to districts if the amount or
allocation of reimbursed funds is challenged in the lawsuit. As used in this
subsection, "title XIX" means title XIX of the social security act,
42 USC 1396 to 1396w-5.
Sec. 22d. (1) From the state school aid fund money
appropriated under section 11, an amount not to exceed $7,000,000.00 is
allocated for 2019-2020 2020-2021
for supplemental payments to rural districts under this section.
(2) From the allocation
under subsection (1), there is allocated for 2019-2020
2020-2021 an amount not to exceed $957,300.00 for payments under this
subsection to districts that meet all of the following:
(a) Operates grades K to
12.
(b) Has fewer than 250
pupils in membership.
(c) Each school building
operated by the district meets at least 1 of the following:
(i) Is located in the Upper Peninsula at least 30 miles from
any other public school building.
(ii) Is located on an island that is not accessible by bridge.
(3) The amount of the
additional funding to each eligible district under subsection (2) is determined
under a spending plan developed as provided in this subsection and approved by
the superintendent of public instruction. The spending plan must be developed
cooperatively by the intermediate superintendents of each intermediate district
in which an eligible district is located. The intermediate superintendents
shall review the financial situation of each eligible district, determine the
minimum essential financial needs of each eligible district, and develop and
agree on a spending plan that distributes the available funding under
subsection (2) to the eligible districts based on those financial needs. The
intermediate superintendents shall submit the spending plan to the
superintendent of public instruction for approval. Upon approval by the
superintendent of public instruction, the amounts specified for each eligible
district under the spending plan are allocated under subsection (2) and must be
paid to the eligible districts in the same manner as payments under section
22b.
(4) Subject to
subsection (6), from the allocation in subsection (1), there is allocated for 2019-2020 2020-2021 an
amount not to exceed $6,042,700.00 for payments under this subsection to districts that have
fewer than 10.0 pupils per square mile as determined by the department.
(5) The funds allocated
under subsection (4) are allocated as follows:
(a) An amount equal to $5,200,000.00 is
allocated to districts with fewer than 8.0 pupils per square mile, as
determined by the department, on an equal per-pupil basis.
(b) The balance of the
funding under subsection (4) is allocated as follows:
(i) For districts with at least 8.0 but fewer than 9.0 pupils
per square mile, as determined by the department, the allocation is an amount
per pupil equal to 75% of the per-pupil amount allocated to districts under
subdivision (a).
(ii) For districts with at least 9.0 but fewer than 10.0 pupils
per square mile, as determined by the department, the allocation is an amount
per pupil equal to 50% of the per-pupil amount allocated to districts under
subdivision (a).
(c) If the total funding
allocated under subdivision (b) is not sufficient to fully fund payments as
calculated under that subdivision, the department shall prorate payments to
districts under subdivision (b) on an equal per-pupil basis.
(6) A district receiving
funds allocated under subsection (2) is not eligible for funding allocated
under subsection (4).
Sec. 22m. (1) From the appropriations in section 11, there is
allocated for 2019-2020 2020-2021
an amount not to exceed $2,200,000.00 for supporting the integration of local data systems into the
Michigan data hub network based on common standards and applications that are
in compliance with section 19(6).
(2) An entity that is
the fiscal agent for no more than 5 consortia of intermediate districts that
previously received funding from the technology readiness infrastructure grant
under former section 22i for the purpose of establishing regional data hubs
that are part of the Michigan data hub network is eligible for funding under
this section.
(3) The center shall
work with an advisory committee composed of representatives from intermediate
districts within each of the data hub regions to coordinate the activities of
the Michigan data hub network.
(4) The center, in
collaboration with the Michigan data hub network, shall determine the amount of
funds distributed under this section to each participating regional data hub
within the network, based upon a competitive grant process. The center shall
ensure that the entities receiving funding under this section represent
geographically diverse areas in this state.
(5) Notwithstanding
section 17b, the department shall make payments under this section on a
schedule determined by the center.
(6) To receive funding
under this section, a regional data hub must have a governance model that
ensures local control of data, data security, and student privacy issues. The
integration of data within each of the regional data hubs must provide for the
actionable use of data by districts and intermediate districts through common
reports and dashboards and for efficiently providing information to meet state
and federal reporting purposes.
(7) Participation in a
data hub region in the Michigan data hub network under this section is
voluntary and is not required.
(8) Entities receiving
funding under this section shall use the funds for all of the following:
(a) Creating an
infrastructure that effectively manages the movement of data between data
systems used by intermediate districts, districts, and other educational organizations
in Michigan based on common data standards to improve student achievement.
(b) Utilizing the
infrastructure to put in place commonly needed integrations, reducing cost and
effort to do that work while increasing data accuracy and usability.
(c) Promoting the use of
a more common set of applications by promoting systems that integrate with the
Michigan data hub network.
(d) Promoting 100%
district adoption of the Michigan data hub network by September 30, 2020.2021.
(e) Ensuring local
control of data, data security, and student data privacy.
(f) Utilizing the
infrastructure to promote the actionable use of data through common reports and
dashboards that are consistent statewide.
(g) Creating a
governance model to facilitate sustainable operations of the infrastructure in
the future, including administration, legal agreements, documentation,
staffing, hosting, and funding.
(h) Evaluating future
data initiatives at all levels to determine whether the initiatives can be
enhanced by using the standardized environment in the Michigan data hub
network.
(9) Not later than
January 1 of each fiscal year, the center shall prepare a summary report of
information provided by each entity that received funds under this section that
includes measurable outcomes based on the objectives described under this
section and a summary of compiled data from each entity to provide a means to
evaluate the effectiveness of the project. The center shall submit the report
to the house and senate appropriations subcommittees on state school aid and to
the house and senate fiscal agencies.
Sec. 22p. (1) In Subject to subsection (2), in order to receive funding under section 22b, a district or public school academy that has is assigned by the superintendent of public instruction as a partnership district must have a signed 3-year partnership agreement with the department must meet both of the following:that includes all of the following:
(a) Adopts a
partnership agreement that includes measurable Measurable academic outcomes that will be achieved the district or public school academy will achieve for
each school operated by the district or public school academy that is subject
to the partnership agreement after 18 months and after 36 months
from the date the agreement was originally signed. Measurable academic outcomes
under this subdivision must include outcomes all of the following:
(i) Outcomes that
put pupils on track to meet or exceed grade level proficiency and must be and that are based on district or public school academy needs
identified as required under section 21h.
(ii) Either of the
following, as applicable:
(A) At least 1
proficiency or growth outcome based on state assessments described in section 104b
or 104c.
(B) For 2020-2021 only, at least 1 proficiency or growth outcome based on a benchmark assessment described in section 104.
(b) Adopts a
partnership agreement that includes accountability Accountability measures to be imposed if
the district or public school academy does not achieve the measurable academic
outcomes under described in subdivision (a) for a each school operated by the district or public school academy that is
subject to a the partnership agreement. Accountability For a district assigned as a partnership district as
described in this subsection, accountability measures under this
subdivision may must include the closure of the school at the end of the current school year or
the reconstitution of the school. For a public school academy that adopts a partnership agreement
under this subdivision, the agreement must include a For a public school academy assigned as a partnership
district as described in this subsection, accountability measures under this
subdivision may include the reconstitution of the school.
(c) For a public
school academy assigned as a partnership district as described in this
subsection, a requirement that, if reconstitution is imposed on a school that is
operated by the public school academy and that is subject to the partnership
agreement, the school must be reconstituted as described in section 507, 528, or 561, as applicable, of the
revised school code, MCL 380.507, . For a district that adopts a
partnership agreement under this subdivision, the agreement must include a
requirement 380.528, and
380.561.
(d) For a district assigned as a partnership district as described in this subsection, a provision that, if reconstitution is imposed on a school that is operated by the district and that is subject to the partnership agreement, all of the following apply:reconstitution may require closure of the school building, but, if the school building remains open, reconstitution must include, but is not limited to, all of the following:
(i) The district shall make significant changes to the
instructional and noninstructional programming of the school based on the needs
identified through a comprehensive review of data in compliance with section
21h.
(ii) The district shall replace the principal of the
school, unless the current principal has been in place for less than 3 years
and the board of the district determines that it is in the best interests of
the district to retain current school leadership.review whether the current principal
of the school should remain as principal or be replaced.
(iii) The reconstitution plan for the
school shall must require the
adoption of goals similar to the goals included in a the partnership agreement, with a limit of 5 3 years to achieve the
goals. If the goals are not achieved within 5 3 years, the superintendent of public
instruction shall either impose
a second reconstitution plan.
on the school or close the
school.
(2) If a
district or public school academy is assigned as a partnership district as
described in subsection (1) during the current fiscal year, it shall ensure
that it has a signed partnership agreement as described in subsection (1) in
place by not later than 90 days after the date that it is assigned as a
partnership district. If a district or public school academy described in this
subsection does not comply with this subsection, the department shall withhold
funding under section 22b for that district or public school academy until the
district or public school academy has a signed partnership agreement as
described in subsection (1) in place.
Sec. 24. (1) From the appropriation in section 11, there is
allocated for 2019-2020 2020-2021
an amount not to exceed $7,150,000.00 for payments to the educating district or intermediate
district for educating pupils assigned by a court or the department of health
and human services to reside in or to attend a juvenile detention facility or
child caring institution licensed by the department of health and human
services and approved by the department to provide an on-grounds education
program. The amount of the payment under this section to a district or
intermediate district is calculated as prescribed under subsection (2).
(2) The department shall
allocate the total amount allocated under this section by paying to the
educating district or intermediate district an amount equal to the lesser of
the district's or intermediate district's added cost or the department's
approved per-pupil allocation for the district or intermediate district. For
the purposes of this subsection:
(a) "Added
cost" means 100% of the added cost each fiscal year for educating all
pupils assigned by a court or the department of health and human services to
reside in or to attend a juvenile detention facility or child caring
institution licensed by the department of health and human services or the
department of licensing and regulatory affairs and approved by the department
to provide an on-grounds education program. Added cost is computed by deducting
all other revenue received under this article for pupils described in this
section from total costs, as approved by the department, in whole or in part,
for educating those pupils in the on-grounds education program or in a program
approved by the department that is located on property adjacent to a juvenile
detention facility or child caring institution. Costs reimbursed by federal
funds are not included.
(b) "Department's
approved per-pupil allocation" for a district or intermediate district is
determined by dividing the total amount allocated under this section for a
fiscal year by the full-time equated membership total for all pupils approved
by the department to be funded under this section for that fiscal year for the
district or intermediate district.
(3) A district or
intermediate district educating pupils described in this section at a
residential child caring institution may operate, and receive funding under
this section for, a department-approved on-grounds educational program for
those pupils that is longer than 181 days, but not longer than 233 days, if the
child caring institution was licensed as a child caring institution and offered
in 1991-92 an on-grounds educational program that was longer than 181 days but
not longer than 233 days and that was operated by a district or intermediate
district.
(4) Special education
pupils funded under section 53a are not funded under this section.
Sec. 24a. From the appropriation in section 11, there is
allocated an amount not to exceed $1,355,700.00
for 2019-2020 2020-2021 for payments to intermediate districts for
pupils who are placed in juvenile justice service facilities operated by the
department of health and human services. The amount of the payment to each
intermediate district is an amount equal to the state share of those costs that
are clearly and directly attributable to the educational programs for pupils
placed in facilities described in this section that are located within the
intermediate district's boundaries. The intermediate districts receiving
payments under this section shall cooperate with the department of health and
human services to ensure that all funding allocated under this section is
utilized by the intermediate district and department of health and human
services for educational programs for pupils described in this section. Pupils
described in this section are not eligible to be funded under section 24.
However, a program responsibility or other fiscal responsibility associated
with these pupils must not be transferred from the department of health and
human services to a district or intermediate district unless the district or
intermediate district consents to the transfer.
Sec. 25f. (1)
From the state school aid fund money appropriated in section 11, there is
allocated an amount not to exceed $1,600,000.00
for 2019-2020
2020-2021 for payments to strict
discipline academies established under sections 1311b to 1311m of the revised
school code, MCL 380.1311b to 380.1311m, as provided under this section.
(2) In order to receive funding under this section, a strict
discipline academy shall must first comply with section 25e and use the pupil
transfer process under that section for changes in enrollment as prescribed
under that section.
(3) The total amount allocated to a strict discipline academy
under this section must first be distributed as the lesser of the strict
discipline academy's added cost or the department's approved per-pupil
allocation for the strict discipline academy. Any funds remaining after the
first distribution must be distributed by prorating on an equal per-pupil
membership basis, not to exceed a strict discipline academy's added cost.
However, the sum of the amounts received by a strict discipline academy under
this section and under section 24 must not exceed the product of the strict
discipline academy's per-pupil allocation calculated under section 20
multiplied by the strict discipline academy's full-time equated membership. The
department shall allocate funds to strict discipline academies under this
section on a monthly basis. For the purposes of this subsection:
(a) "Added cost" means 100% of the added cost each
fiscal year for educating all pupils enrolled and in regular daily attendance
at a strict discipline academy. Added cost must be computed by deducting all
other revenue received under this article for pupils described in this
subsection from total costs, as approved by the department, in whole or in
part, for educating those pupils in a strict discipline academy. The department
shall include all costs including, but not limited to, educational costs,
insurance, management fees, technology costs, legal fees, auditing fees,
interest, pupil accounting costs, and any other administrative costs necessary
to operate the program or to comply with statutory requirements. Costs
reimbursed by federal funds are not included.
(b) "Department's approved per-pupil allocation"
for a strict discipline academy is determined by dividing the total amount
allocated under this subsection for a fiscal year by the full-time equated
membership total for all pupils approved by the department to be funded under
this subsection for that fiscal year for the strict discipline academy.
(4) Special education pupils funded under section 53a are not
funded under this section.
(5) If the funds allocated under this section are
insufficient to fully fund the adjustments under subsection (3), the department
shall prorate payments under this section on an equal per-pupil basis.
(6) The department shall make payments to districts under
this section according to the payment schedule under section 17b.
Sec. 25g. (1)
From the state school aid fund money appropriated in section 11, there is
allocated an amount not to exceed $750,000.00 for 2019-2020 2020-2021 for the purposes of this section. Except as
otherwise provided in this section, if the operation of the special membership
counting provisions under section 6(4)(dd) and the other membership counting
provisions under section 6(4) result in a pupil being counted as more than 1.0
FTE in a fiscal year, then the payment made for the pupil under sections 22a
and 22b must not be based on more than 1.0 FTE for that pupil, and that portion
of the FTE that exceeds 1.0 is paid under this section in an amount equal to
that portion multiplied by the educating district's foundation allowance or
per-pupil payment calculated under section 20.
(2) Special education pupils funded under section 53a are not
funded under this section.
(3) If the funds allocated under this section are
insufficient to fully fund the adjustments under subsection (1), the department
shall prorate payments under this section on an equal per-pupil basis.
(4) The department shall make payments to districts under
this section according to the payment schedule under section 17b.
Sec. 25i. (1) From the general fund
money appropriated in section 11, there is allocated for 2020-2021 an amount
not to exceed $2,000,000.00 for an eligible attendance recovery program as
described in subsection (3). The funds allocated under this section must be
used to administer an eligible attendance recovery program for all districts
that opt into the program to serve eligible pupils described in subsection (2).
(2)
A pupil who meets any of the following and who is enrolled in a district that
opts into the attendance recovery program funded under this section is an
eligible pupil under this section:
(a)
The pupil did not engage in the district's remote continuous education offerings
in spring 2020.
(b)
The pupil needs intervention based on his or her absences or consistent
disengagement in classes.
(c)
The pupil is in danger of failing 1 or more classes.
(d)
The pupil is eligible under the McKinney-Vento homelessness assistance act,
Public Law 100-77, or is in foster care.
(e)
The pupil's family requires financial or social support.
(f)
The pupil has disengaged in his or her education, is attending school
irregularly, or is not progressing in his or her coursework.
(3)
An attendance recovery program that meets all of the following is an eligible
attendance recovery program under this section:
(a)
Reflects experience and successful outcomes running statewide student recovery
programs.
(b)
Has, at a minimum, 2 years of experience working with this state's local
education agencies.
(c)
Has multimodal contact capabilities that include, but are not limited to, a
call center, electronic mail, text, social-media matching, and public service
announcements.
(d)
Reflects experience in assisting at-risk students in overcoming learning
barriers in a remote or online learning environment.
(e)
Has the ability to scale to provide outreach to at least 20,000 students before
the end of 2020.
(4)
The department shall choose and designate the provider of the eligible
attendance recovery program under this section by not later than November 1,
2020. The provider chosen and designated by the department under this
subsection must do all of the following:
(a)
Work with the department to notify districts about the program and provide
technical assistance to districts interested in opting in.
(b)
Work with each district to obtain contact information for each eligible pupil.
(c)
Provide outreach using differentiated treatment strategies to pupils and
families using multiple modalities that may include phone, text, social media,
electronic mail, and traditional mail, to find and engage eligible pupils.
(d)
Implement a culturally and linguistically responsive outreach and support plan.
Elements of the plan must include differentiated outreach and ongoing coaching
strategies to families to ensure cultural and linguistic relevance.
(e)
Use information about barriers to engagement gathered from pupils and families
to assign eligible pupils to an ongoing support level. Ongoing support levels
described in this subdivision must include a minimum of 3 support tiers
following the general design of response to intervention (RTI) models.
(f)
For eligible pupils and their families, provide a coach to deliver
interventions in accordance with the pupil's needs and the framework of his or
her assigned ongoing support level.
(g)
Report weekly to each district that has opted into the program and to the
department with metrics agreed upon by the provider and the department.
(5)
Notwithstanding section 17b, the department shall make payments under this
section by not later than December 1, 2020.
Sec. 25j. (1) From the state school
aid fund money appropriated in section 11, there is allocated $2,000,000.00 to
intermediate districts for 2020-2021 to be used for the purposes described in
subsection (3).
(2)
The funding provided to each intermediate district under this section must be
based on the number of pupils within the intermediate district who are
economically disadvantaged in proportion to the number of economically
disadvantaged pupils statewide.
(3)
An intermediate district that receives a payment from funds allocated under
subsection (1) shall use the funding to support districts that offered
in-person instruction at the beginning of the 2019-2020 fiscal year but that
began the 2020-2021 fiscal year utilizing a virtual-only mode of instruction or
a hybrid of in-person and a virtual mode of instruction. Funds allocated under
subsection (1) must be used for the following purposes:
(a)
To meet the unique needs of students with an individualized education program.
(b)
To address increased numbers of chronically absent pupils, as applicable.
(c)
To offer child care solutions for elementary-aged students.
(4)
Notwithstanding section 17b, the department shall make payments under this
section on a schedule determined by the department.
(5) As used in this section, "economically disadvantaged" means that term as defined in section 31a.
Sec. 26a. From the funds appropriated in section 11, there is allocated an amount not to exceed $14,000,000.00
for 2018-2019 and there is allocated an amount not to exceed $15,300,000.00 for 2019-2020 2020-2021 to
reimburse districts and intermediate districts pursuant
to under section 12 of the Michigan
renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2018 and 2019, as applicable. 2020.
The department shall pay the allocations not later than 60 days after
the department of treasury certifies to the department and to the state budget
director that the department of treasury has received all necessary information
to properly determine the amounts due to each eligible recipient.
Sec. 26b. (1) From the appropriation in section 11, there is allocated an amount not to exceed $4,420,100.00 for
2018-2019 and there is allocated an amount not to exceed $4,641,100.00 $4,645,000.00 for 2019-2020 2020-2021 for
payments to districts, intermediate districts, and community college districts
for the portion of the payment in lieu of taxes obligation that is attributable
to districts, intermediate districts, and community college districts under
section 2154 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.2154.
(2) If the amount
appropriated under this section is not sufficient to fully pay obligations
under this section, payments are prorated on an equal basis among all eligible
districts, intermediate districts, and community college districts.
Sec. 26c. (1)
From the appropriation in state school aid fund money appropriated under section
11, there is allocated an amount not to exceed $7,400,000.00
$9,700,000.00 for 2019-2020 2020-2021
to the promise zone fund created in subsection (3). The funds
allocated under this section reflect the amount of revenue from the collection
of the state education tax captured under section 17 of the Michigan promise
zone authority act, 2008 PA 549, MCL 390.1677.
(2) Funds allocated to the promise zone fund under this
section must be used solely for payments to eligible districts and intermediate
districts, in accordance with section 17 of the Michigan promise zone authority
act, 2008 PA 549, MCL 390.1677, that have a promise zone development plan
approved by the department of treasury under section 7 of the Michigan promise
zone authority act, 2008 PA 549, MCL 390.1667. Eligible districts and
intermediate districts shall use payments made under this section for
reimbursement for qualified educational expenses as defined in section 3 of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1663.
(3) The promise zone fund is created as a separate account
within the state school aid fund to be used solely for the purposes of the
Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679. All
of the following apply to the promise zone fund:
(a) The state treasurer shall direct the investment of the
promise zone fund. The state treasurer shall credit to the promise zone fund
interest and earnings from fund investments.
(b) Money in the promise zone fund at the close of a fiscal
year remains in the promise zone fund and does not lapse to the general fund.
(4) Subject to subsection (2), the state treasurer may make
payments from the promise zone fund to eligible districts and intermediate
districts under the Michigan promise zone authority act, 2008 PA 549, MCL
390.1661 to 390.1679, to be used for the purposes of a promise zone authority
created under that act.
(5) Notwithstanding section 17b, the department shall make
payments under this section on a schedule determined by the department.
Sec. 28. (1) To recognize differentiated instructional costs
for different types of pupils in 2019-2020, 2020-2021, the following sections provide a weighted
foundation allocation or an additional payment of some type in the following
amounts, as allocated under those sections:
(a) Section 22d,
isolated and rural districts, $7,000,000.00.
(b) Section 31a, at
risk, standard programming, $510,000,000.00.
(c) Section 31a, at
risk, additional payment, $12,000,000.00.
(d) Section 41,
bilingual education for English language learners, $16,000,000.00.$13,000,000.00.
(e) Section 51c, special
education, mandated percentages, $689,100,000.00.$713,400,000.00.
(f) Section 51f, special
education, additional percentages, $60,207,000.00.
(g) Section 61a, career
and technical education, standard reimbursement, $37,611,300.00.
(h) Section 61d, career and
technical education incentives, $10,000,000.00.$5,000,000.00.
(2) The funding
described in subsection (1) is not a separate allocation of any funding but is
instead a listing of funding allocated in the sections listed in subsection
(1).
Sec. 29a. (1) From the state school aid fund money appropriated
under section 11, there is allocated for 2020-2021 an amount not to exceed
$66,000,000.00 for payments as provided under this section to eligible
districts described in subsection (2).
(2) A district
for which its 2020-2021 pupils in membership exceeds the calculation of
membership for that district under section 6(4) for 2020-2021 is an eligible
district under this section.
(3) The payment
to each eligible district under this section must be equal to the lesser of the
eligible district's foundation allowance or the target foundation allowance
multiplied by the difference between the eligible district's 2020-2021 pupils
in membership and the eligible district's membership for 2020-2021 as
calculated under section 6(4).
(4) If funds
allocated under this section are insufficient to fully fund the calculations
under this section, the department shall apply proration of an equal dollar
amount per pupil.
(5) As used in this section, "2020-2021 pupils in membership" means the sum of (the product of .90 times the number of full-time equated pupils engaged in pandemic learning for fall 2020 or, for a district that is a public school academy that operates as a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, the number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance in the district on pupil membership count day for the current school year) and (the product of .10 times the final audited count from the supplemental count day of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance in the district for the immediately preceding school year).
Sec. 31a. (1) From the state school aid fund money
appropriated in section 11, there is allocated for 2019-2020
2020-2021 an amount not to exceed $535,150,000.00 for
payments to eligible districts and eligible public school academies for the
purposes of ensuring that pupils are proficient in English language arts by the
end of grade 3, that pupils are proficient in mathematics by the end of grade
8, that pupils are attending school regularly, that high school graduates are
career and college ready, and for the purposes under subsections (7) and (8).
(2) For a district that
has combined state and local revenue per membership pupil under section 20 that
is greater than the target foundation allowance under section 20 for the
current fiscal year and that, for the immediately preceding fiscal year, had
combined state and local revenue per membership pupil under section 20 that was
greater than the basic target
foundation allowance under section 20 that was in effect for the 2018-2019 that fiscal year, the allocation under
this section is an amount equal to 30% of the allocation for which it would
otherwise be eligible under this section before any proration under subsection
(14). It is the intent of the legislature that, if
revenues are sufficient and if districts with combined state and local revenue
per membership pupil under section 20 that is below the target foundation
allowance are receiving nonprorated payments under this section, the percentage
in the immediately preceding sentence must be increased annually until it reaches
100%. If a district has combined state and local revenue per membership
pupil under section 20 that is greater than the target foundation allowance
under section 20 for the current fiscal year, but for the immediately preceding 2018-2019
fiscal year had combined state and local revenue per membership pupil
under section 20 that was less than the basic foundation allowance under section 20 that was in effect for the 2018-2019 fiscal year, the district shall receive an amount per pupil equal to 11.5%
of the statewide weighted average foundation allowance, as applied under
subsection (4), and before any proration under subsection (14).
(3) For a district or
public school academy to be eligible to receive funding under this section,
other than funding under subsection (7) or (8), the district or public school
academy, for grades K to 12, shall must comply with the requirements under section 1280f of
the revised school code, MCL 380.1280f, and shall use resources to address
early literacy and numeracy, and for at least grades K to 12 or, if the
district or public school academy does not operate all of grades K to 12, for
all of the grades it operates, must implement a multi-tiered system of supports
that is an evidence based framework that uses data driven problem solving to
integrate academic and behavioral instruction and that uses intervention
delivered to all pupils in varying intensities based on pupil needs. The
multi-tiered system of supports described in this subsection must provide at least
all of the following essential components:
(a) Team-based
leadership.
(b) A tiered delivery
system.
(c) Selection and
implementation of instruction, interventions, and supports.
(d) A comprehensive
screening and assessment system.
(e) Continuous
data-based decision making.
(4) From the funds
allocated under subsection (1), there is allocated for 2019-2020 2020-2021 an
amount not to exceed $510,000,000.00 to continue a weighted foundation per pupil payment for
districts and public school academies enrolling economically disadvantaged
pupils. The department shall pay under this section to each eligible district
or eligible public school academy an amount per pupil equal to 11.5% of the
statewide weighted average foundation allowance for the following, as
applicable:
(a) Except as otherwise
provided under subdivision (b), or (c), or (d) the
greater of the following:
(i) The number of membership pupils in the district or public
school academy who are determined to be economically disadvantaged, as reported
to the center in the form and manner prescribed by the center not later than
the fifth Wednesday after the pupil membership count day of the immediately
preceding fiscal year.
(ii) If the district or public school academy is in the community
eligibility program, the number of pupils determined to be eligible based on
the product of the identified student percentage multiplied by the total number
of membership pupils in the district or public
school academy, as reported to the center in the form and manner prescribed by
the center not later than the fifth Wednesday after the pupil membership count
day of the immediately preceding fiscal year. These
calculations must be made at the building level. This subparagraph only
applies to an eligible district or eligible public school academy for the
fiscal year immediately following the first fiscal year in which it is in the
community eligibility program. As used in this subparagraph, "identified
student percentage" means the quotient of the number of membership pupils in an eligible district or eligible
public school academy who are determined to be economically disadvantaged, as
reported to the center in a form and manner prescribed by the center, not later
than the fifth Wednesday after the pupil membership count day in the fiscal
year preceding the first fiscal year in which the eligible district or eligible
public school academy is in the community eligibility program, divided by the total number of pupils counted in
membership in an eligible district or eligible public school academy on
the pupil membership count day in the fiscal year preceding the first fiscal
year in which the eligible district or eligible public school academy is in the
community eligibility program.
(b) If the district or
public school academy began operations as a district or public school academy
after the pupil membership count day of the immediately preceding school year,
the number of membership pupils in the district or public school academy who
are determined to be economically disadvantaged, as reported to the center in
the form and manner prescribed by the center not later than the fifth Wednesday
after the pupil membership count day of the current fiscal year.
(c) If the district or
public school academy began operations as a district or public school academy
after the pupil membership count day of the current fiscal year, the number of
membership pupils in the district or public school academy who are determined
to be economically disadvantaged, as reported to the center in the form and
manner prescribed by the center not later than the fifth Wednesday after the
supplemental count day of the current fiscal year.
(d) If, for a particular fiscal year, the number of
membership pupils in a district or public school academy who are determined
under subdivision (a) to be economically disadvantaged or to be eligible based
on the identified student percentage varies by more than 20 percentage points
from the number of those pupils in the district or public school academy as
calculated under subdivision (a) for the immediately preceding fiscal year
caused by an egregious reporting error by the district or public school
academy, the department may choose to have the calculations under subdivision
(a) instead be made using the number of membership pupils in the district or
public school academy who are determined to be economically disadvantaged, as
reported to the center in the form and manner prescribed by the center not
later than the fifth Wednesday after the supplemental count day of the
immediately preceding fiscal year.
(5) Except as otherwise
provided in this section, a district or public school academy receiving funding
under this section shall use that money only to provide instructional programs
and direct noninstructional services, including, but not limited to, medical,
mental health, or counseling services, for at-risk pupils; for school health
clinics; and for the purposes of subsection (6), (7), or (8). In addition, a
district that is a school district of the first class or a district or public
school academy in which at least 50% of the pupils in membership were
determined to be economically disadvantaged in the immediately preceding state
fiscal year, as determined and reported as described in subsection (4), may use
not more than 20% of the funds it receives under this section for school
security that aligns to the needs assessment and the multi-tiered system of
supports model. A district or public school academy shall not use any of that
money for administrative costs. The instruction or direct noninstructional
services provided under this section may be conducted before or after regular
school hours or by adding extra school days to the school year.
(6) A district or public
school academy that receives funds under this section and that operates a
school breakfast program under section 1272a of the revised school code, MCL
380.1272a, shall use from the funds received under this section an amount, not
to exceed $10.00 per pupil for whom the district or public school academy
receives funds under this section, necessary to pay for costs associated with
the operation of the school breakfast program.
(7) From the funds
allocated under subsection (1), there is allocated for 2019-2020 2020-2021 an
amount not to exceed $8,000,000.00 to support primary health care services provided to children
and adolescents up to age 21. These funds must be expended in a form and manner
determined jointly by the department and the department of health and human
services. If any funds allocated under this subsection are not used for the
purposes of this subsection for the fiscal year in which they are allocated,
those unused funds must be used that fiscal year to avoid or minimize any
proration that would otherwise be required under subsection (14) for that
fiscal year.
(8) From the funds
allocated under subsection (1), there is allocated for 2019-2020 2020-2021 an
amount not to exceed $5,150,000.00 for the state portion of the hearing and vision screenings as
described in section 9301 of the public health code, 1978 PA 368, MCL 333.9301.
A local public health department shall pay at least 50% of the total cost of
the screenings. The frequency of the screenings must be as required under R
325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan
Administrative Code. Funds must be awarded in a form and manner approved
jointly by the department and the department of health and human services.
Notwithstanding section 17b, the department shall make payments to eligible entities
under this subsection on a schedule determined by the department.
(9) Each district or
public school academy receiving funds under this section shall submit to the
department by July 15 of each fiscal year a report, in the form and manner
prescribed by the department, that includes a brief description of each program
conducted or services performed by the district or public school academy using
funds under this section, the amount of funds under this section allocated to
each of those programs or services, the total number of at risk pupils served
by each of those programs or services, and the data necessary for the
department and the department of health and human services to verify matching
funds for the temporary assistance for needy families program. In prescribing
the form and manner of the report, the department shall ensure that districts
are allowed to expend funds received under this section on any activities that
are permissible under this section. If a district or public school academy does
not comply with this subsection, the department shall withhold an amount equal
to the August payment due under this section until the district or public
school academy complies with this subsection. If the district or public school
academy does not comply with this subsection by the end of the fiscal year, the
withheld funds are forfeited to the school aid fund.
(10) In order to receive
funds under this section, a district or public school academy shall must allow access
for the department or the department's designee to audit all records related to
the program for which it receives those funds. The district or public school
academy shall reimburse the state for all disallowances found in the audit.
(11) Subject to
subsections (6), (7), and (8), for schools in which more than 40% of pupils are
identified as at-risk, a district or public school academy may use the funds it
receives under this section to implement tier 1, evidence-based practices in
schoolwide reforms that are guided by the district's comprehensive needs
assessment and are included in the district improvement plan. Schoolwide
reforms must include parent and community supports, activities, and services,
that may include the pathways to potential program created by the department of
health and human services or the communities in schools program. As used in
this subsection, "tier 1, evidence-based practices" means research
based instruction and classroom interventions that are available to all
learners and effectively meet the needs of most pupils.
(12) A district or
public school academy that receives funds under this section may use up to 7.5%
of those funds to provide research based professional development and to
implement a coaching model that supports the multi-tiered system of supports
framework. Professional development may be provided to district and school
leadership and teachers and must be aligned to professional learning standards;
integrated into district, school building, and classroom practices; and solely
related to the following:
(a) Implementing the
multi-tiered system of supports required in subsection (3) with fidelity and
utilizing the data from that system to inform curriculum and instruction.
(b) Implementing section
1280f of the revised school code, MCL 380.1280f, as required under subsection
(3), with fidelity.
(13) A district or
public school academy that receives funds under this section may use funds
received under this section to support instructional or behavioral coaches.
Funds used for this purpose are not subject to the cap under subsection (12).
(14) If necessary, and
before any proration required under section 296, the department shall prorate
payments under this section, except payments under subsection (7), (8), or
(16), by reducing the amount of the allocation as otherwise calculated under
this section by an equal percentage per district.
(15) If a district is
dissolved pursuant to section 12 of the revised school code, MCL 380.12, the
intermediate district to which the dissolved school district
was constituent shall determine the estimated number of pupils that are
economically disadvantaged and that are enrolled in each of the other districts
within the intermediate district and provide that estimate to the department
for the purposes of distributing funds under this section within 60 days after
the school district is declared dissolved.
(16) From the funds
allocated under subsection (1), there is allocated for 2019-2020 2020-2021 an amount not to exceed $12,000,000.00 for
payments to districts and public school academies that otherwise received an
allocation under this subsection for 2018-2019 2019-2020 and whose allocation under this section for 2018-2019, 2019-2020, excluding
any payments under subsection (7) or (8), would have been more than the
district's or public school academy's allocation under this section for 2019-2020 2020-2021 as
calculated under subsection (4) only and as adjusted under subsection (14). The
allocation for each district or public school academy under this subsection is
an amount equal to its allocation under this section for 2018-2019 2019-2020 minus
its allocation as otherwise calculated under subsection (4) for 2019-2020, 2020-2021, as
adjusted by subsection (14), using in those calculations the 2017-2018 2018-2019 number
of pupils determined to be economically disadvantaged. However, if the
allocation as otherwise calculated under this subsection would have been less
than $0.00, the allocation under this subsection is $0.00. If necessary, and
before any proration required under section 296, the department shall prorate
payments under this subsection by reducing the amount of the allocation as
otherwise calculated under this subsection by an equal percentage per district
or public school academy. Any unexpended funds under this
subsection are to be distributed through payments made under subsection (4) as
provided under subsection (4), but those funds must not be factored into
calculating payments under this subsection.
(17) A district or public
school academy that receives funds under this section may use funds received
under this section to provide an anti-bullying or crisis intervention program.
(18) The department
shall collaborate with the department of health and human services to prioritize
assigning Pathways to Potential Success coaches to elementary schools that have
a high percentage of pupils in grades K to 3 who are not proficient in English
language arts, based upon state assessments for pupils in those grades.
(19) As used in this section:
(a) "At-risk
pupil" means a pupil in grades K to 12 for whom the district has
documentation that the pupil meets any of the following criteria:
(i) The pupil is economically disadvantaged.
(ii) The pupil is an English language learner.
(iii) The pupil is chronically absent as defined by and reported
to the center.
(iv) The pupil is a victim of child abuse or neglect.
(v) The pupil is a pregnant teenager or teenage parent.
(vi) The pupil has a family history of school failure,
incarceration, or substance abuse.
(vii) The pupil is an immigrant who has immigrated within the
immediately preceding 3 years.
(viii) The pupil did not complete high school in 4 years and is
still continuing in school as identified in the Michigan cohort graduation and dropout
report.
(ix) For pupils for whom the results of the state summative
assessment have been received, is a pupil who did not achieve proficiency on
the English language arts, mathematics, science, or social studies content area
assessment.
(x) Is a pupil who is at risk of not meeting the district's or
public school academy's core academic curricular objectives in English language
arts or mathematics, as demonstrated on local assessments.
(b) "Economically
disadvantaged" means a pupil who has been determined eligible for free or
reduced-price meals as determined under the Richard B. Russell national school
lunch act, 42 USC 1751 to 1769j; who is in a household receiving supplemental
nutrition assistance program or temporary assistance for needy families assistance;
or who is homeless, migrant, or in foster care, as reported to the center.
(c) "English
language learner" means limited English proficient pupils who speak a
language other than English as their primary language and have difficulty
speaking, reading, writing, or understanding English as reported to the center.
(d) "Statewide
weighted average foundation allowance" means the number that is calculated
by adding together the result of each district's or public school academy's
foundation allowance, not to exceed the target foundation allowance for the
current fiscal year, or per-pupil payment calculated under section 20
multiplied by the number of pupils in membership in that district or public
school academy, and then dividing that total by the statewide number of pupils
in membership.
Sec. 31d. (1) From the appropriations in section 11, there is
allocated an amount not to exceed $23,144,000.00
for 2019-2020 2020-2021 for the purpose of making payments to
districts and other eligible entities under this section.
(2) The amounts
allocated from state sources under this section are used to pay the amount
necessary to reimburse districts for 6.0127% of the necessary costs of the
state mandated portion of the school lunch
programs provided by those districts. The department shall calculate the amount
due to each district under this section using the methods of calculation
adopted by the Michigan supreme court in the consolidated cases known as Durant v State of Michigan, 456 Mich 175
(1997).
(3) The payments made
under this section include all state payments made to districts so that each
district receives at least 6.0127% of the necessary costs of operating the
state mandated portion of the school lunch
program in a fiscal year.
(4) The payments made
under this section to districts and other eligible entities that are not
required under section 1272a of the revised school code, MCL 380.1272a, to
provide a school lunch program must, except for in 2020-2021, be in an amount not to exceed
$10.00 per eligible pupil plus 5 cents for each free lunch and 2 cents for each
reduced price lunch provided, as determined by the department. For 2020-2021 only, the amount described in this subsection is
not to exceed $10.00 per eligible pupil plus 5 cents for each lunch provided,
as determined by the department.
(5) From the federal
funds appropriated in section 11, there is allocated for 2019-2020 2020-2021 all
available federal funding, estimated at $533,000,000.00
$545,000,000.00 for the national school lunch program child nutrition programs and all available federal
funding, estimated at $4,200,000.00 $5,000,000.00 for the emergency
food assistance program.food distribution
programs.
(6) Notwithstanding
section 17b, the department shall make payments to eligible entities other than
districts under this section on a schedule determined by the department.
(7) In purchasing food
for a school lunch program funded under this
section, a district or other eligible entity shall give preference to food that
is grown or produced by Michigan businesses if it is competitively priced and
of comparable quality.
Sec. 31f. (1) From the appropriations in section 11, there is
allocated an amount not to exceed $4,500,000.00
for 2019-2020 2020-2021 for the purpose of making payments to
districts to reimburse for the cost of providing breakfast.
(2) The funds allocated
under this section for school breakfast programs are made available to all
eligible applicant districts that meet all of the following criteria:
(a) The district
participates in the federal school breakfast program and meets all standards as
prescribed by 7 CFR parts 210, 220, 225, 226, and 245.
(b) Each breakfast
eligible for payment meets the federal standards described in subdivision (a).
(3) The payment for a
district under this section is at a per meal rate equal to the lesser of the
district's actual cost or 100% of the statewide average cost of a breakfast meal served,
as determined and approved by the department, less federal reimbursement,
participant payments, and other state reimbursement. The department shall
determine the statewide average cost using costs as reported in a manner
approved by the department for the preceding school year.
(4) Notwithstanding
section 17b, the department may make payments under this section pursuant to an
agreement with the department.
(5) In purchasing food
for a school breakfast program funded under this section, a district shall give
preference to food that is grown or produced by Michigan businesses if it is competitively
priced and of comparable quality.
Sec. 31j. (1)
From the general fund money appropriated in section 11, there is allocated an
amount not to exceed $575,000.00 $200,000.00 and from the state school aid fund money appropriated
in section 11, there is allocated an amount not to exceed $1,800,000.00 for
2019-2020 2020-2021
for a project program to support districts
and sponsors of child care centers in the purchase of locally
grown fruits and vegetables as described in this section.
(2) The department shall provide
funding in an amount equal to $125,000.00 per region to districts in prosperity
regions 2, 4, 6, and 9 for the project described under this section. In addition,
the department shall provide funding in an amount equal to $75,000.00 to
districts in prosperity region 8 for the project described under this section.
From the funding to districts in subsection (1), funding Funding retained by prosperity
regions districts and the sponsors of
child care centers that administer the project
program must not exceed 10%, and
funding retained by the department for administration must not exceed 6%. A prosperity region district or the sponsor of a child care center may enter
into a memorandum of understanding with the department or another prosperity region, district or sponsor of a child care center, or both,
to administer the project. program. If the department administers the project program
for a prosperity region, district or the sponsor of a child care center, the
department may retain up to 10% of that prosperity
region's district's or sponsor's funding
for administration or may distribute some or all of that 10% to
project partners as appropriate.
(3) The department shall develop and implement a competitive
grant program for districts within the identified
prosperity regions and sponsors of child care
centers to assist in paying for the costs incurred by the
district or the sponsor of the child care center to
purchase or increase purchases of whole or minimally processed fruits,
vegetables, and legumes grown in this state. The maximum amount that may be
drawn down on a grant to a district must
be or the sponsor of a child care center is based
on the number of meals served by the school
district during the previous school year under the Richard B.
Russell national school lunch act, 42 USC 1751 to 1769j,
or meals served by the sponsor of the child care center in the previous school
year. The department shall collaborate with the Michigan
department of agriculture and rural development to provide training to newly
participating schools and sponsors of child care
centers and electronic information on Michigan agriculture.
(4) The goals of the project
program under this section include
improving daily nutrition and eating habits for children through the school and child care settings while investing in Michigan's
agricultural and related food business economy.
(5) A district or the sponsor of a child
care center that receives a grant under this section shall use
those funds for the costs incurred by the school
district or the sponsor to
purchase whole or minimally processed fruits, vegetables, and legumes that meet
all of the following:
(a) Were purchased for the 2019-2020
2020-2021 fiscal year, including
purchases to launch meals in August 2019
2020 and September 2019.2020.
(b) Are grown in this state and, if minimally processed, are
also processed in this state.
(c) Are used for meals that are served as part of the United
States Department of Agriculture's child nutrition programs.
(6) For Michigan-grown fruits, vegetables, and legumes that
satisfy the requirements of subsection (5), the
department shall make matching reimbursements must be made in an amount not to
exceed 10 cents for every school meal that is served as part of the United
States Department of Agriculture's child nutrition programs and that uses
Michigan-grown fruits, vegetables, and legumes.
(7) A district or the sponsor of a child
care center that receives a grant for reimbursement under this
section shall use the grant to purchase whole or minimally processed fruits,
vegetables, and legumes that are grown in this state and, if minimally
processed, are also processed in this state.
(8) In awarding grants under this section, the department
shall work in conjunction with prosperity region offices, districts and sponsors of child care centers, in
consultation with Michigan-based farm to school resource organizations, to
develop scoring criteria that assess an applicant's ability to procure
Michigan-grown products, prepare and menu Michigan-grown products, promote and
market Michigan-grown products, and submit letters of intent from districts or the sponsors of child care centers on plans for
educational activities that promote the goals of the program.
(9) The department shall give preference to districts or sponsors of child care centers that propose
educational activities that meet 1 or more of the following: promote healthy
food activities; have clear educational objectives; involve parents or the
community; connect to a school's or child care center's farm-to-school
or farm-to-early-child-care procurement
activities; and market and promote the program, leading to increased pupil
knowledge and consumption of Michigan-grown products. Applications
The department shall give stronger weighting
and consideration to applications with robust marketing and
promotional activities. shall receive stronger weighting and consideration.
(10) In awarding grants, the department shall also consider
all of the following:
(a) The percentage of children who qualify for free or
reduced price school meals under the Richard B. Russell national school lunch
act, 42 USC 1751 to 1769j.
(b) The variety of school or
child care center sizes and geographic locations within the
identified prosperity regions.
(c) The existing or future collaboration opportunities
between more than 1 district in a prosperity region.or child care center.
(11)
As a condition of receiving a grant under this section, a district or the
sponsor of a child care center shall provide or direct its vendors to provide
to the department copies of monthly receipts that show the quantity of
different Michigan-grown fruits, vegetables, and legumes purchased, the amount
of money spent on each of these products, the name and Michigan location of the
farm that grew the products, and the methods or plans to market and promote the
program. The district or the sponsor of a child care center also shall provide
to the department monthly lunch numbers and lunch participation rates and
calendars or monthly menus noting when and how Michigan-grown products were
used in meals. The district or the sponsor of the child care center and school
or child care center food service director or directors also shall agree to
respond to brief online surveys and to provide a report that shows the
percentage relationship of Michigan spending compared to total food spending.
Not later than 60 days after the end of the school year in which funds under
this section were received, each district or each sponsor of a child care
center shall submit a report to the department on outcomes and related
measurements for economic development and children's nutrition and readiness to
learn. The report must include at least both of the following:
(a)
The extent to which farmers and related businesses, including distributors and
processors, saw an increase in market opportunities and income generation
through sales of Michigan or local products to districts and sponsors of child
care centers. All of the following apply for purposes of this subdivision:
(i) The data used to determine the amount of this
increase are the total dollar amount of Michigan or local fruits, vegetables,
and legumes purchased by schools and sponsors of child care centers, along with
the number of different types of products purchased; school and child care
center food purchasing trends identified along with products that are of new and
growing interest among food service directors; the number of businesses
impacted; and the percentage of total food budget spent on Michigan-grown
fruits, vegetables, and legumes.
(ii) The district or the sponsor of a child care
center shall use purchasing data collected for the program and surveys of
school and child care food service directors on the impact and success of the
program as the source for the data described in subparagraph (i).
(b)
The ability to which pupils can access a variety of healthy Michigan-grown
foods through schools and child care centers and increase their consumption of
those foods. All of the following apply for purposes of this subdivision:
(i) The data used to determine whether this
subdivision is met are the number of pupils exposed to Michigan-grown fruits,
vegetables, and legumes at schools and child care centers; the variety of
products served; new items taste-tested or placed on menus; and the increase in
pupil willingness to try new local healthy foods.
(ii) The district or the sponsor of a child care
center shall use purchasing data collected for the project, meal count and
enrollment numbers, school menu calendars, and surveys of school and child care
food service directors as the source for the data described in subparagraph (i).
(12)
The department shall compile the reports provided by districts and sponsors of
child care centers under subsection (11) into 1 legislative report. The
department shall provide this report not later than November 1, 2021 to the
house and senate subcommittees responsible for state school aid, the house and
senate fiscal agencies, and the state budget director.
(13)
Notwithstanding section 17b, the department shall make payments under this
section on a schedule determined by the department.
Sec. 31k. (1) From the state school
aid fund money appropriated in section 11, there is allocated for 2020-2021
only an amount not to exceed $1,000,000.00 for payments to eligible districts
as described in this section.
(2)
Subject to subsection (6), districts requesting funding under this section must
apply in a form and manner prescribed by the department by not later than
December 1, 2020. However, districts requesting funding under this section
through a second application described in subsection (6) must apply in a form
and manner prescribed by the department by not later than May 1, 2021.
(3)
A district that demonstrates to the department that all outstanding
student-meal debt has been forgiven is an eligible district under this section.
(4)
Subject to subsection (9), the department shall provide payments to eligible
districts in an amount necessary to reimburse the eligible districts for the
cost of forgiving all outstanding student-meal debt.
(5)
Notwithstanding section 17b, the department shall make reimbursement payments
under subsection (4) to all eligible districts by not later than 60 days after
December 1, 2020.
(6)
Subject to subsection (9), if the amount paid to eligible districts under
subsection (4) is less than the amount allocated under subsection (1), the
department may distribute the remaining funds to eligible districts through a
second application in an amount necessary to reimburse eligible districts for
the cost of forgiving all outstanding student-meal debt. An eligible district
receiving a reimbursement payment under subsection (4) is not eligible for a
reimbursement payment through a second application under this subsection.
(7)
Except as otherwise provided under subsection (6) and notwithstanding section
17b, the department shall make reimbursement payments under subsection (6) as
provided under subsection (6) to all eligible districts by not later than 60
days after May 1, 2021.
(8)
An eligible district receiving payments under this section shall adopt policies
to prevent public identification or stigmatization of pupils who cannot pay for
a school meal. These policies must prohibit all of the following:
(a)
Requiring pupils who cannot pay for a school meal or who owe a student-meal
debt to wear a wristband or handstamp.
(b)
Requiring pupils who cannot pay for a school meal or who owe a student-meal
debt to perform chores or other work to pay for school meals.
(c)
Requiring a pupil to dispose of a meal after it has been served because the
pupil is unable to pay for the meal or owes a student-meal debt.
(d)
Communicating directly with a pupil about a student-meal debt unless the
district has attempted to contact, but has been unsuccessful in communicating
with, a pupil's parent or legal guardian through telephone, mail, and electronic
mail.
(e)
Discussing a pupil's student-meal debt in the presence of other pupils.
(9)
If the amount allocated under this section is insufficient to fully reimburse
the cost of student-meal debt forgiveness for all eligible districts, the
department shall prorate the reimbursement on an equal percentage per district.
Sec. 31n. (1) From the state school aid
fund money appropriated in section 11, there is allocated for 2019-2020
for the purposes of this section an amount not to exceed $30,000,000.00 and from
the general fund money appropriated in section 11, there is allocated for
2019-2020 for the purposes of this section an amount not to exceed $1,300,000.00. From the state school aid fund money
appropriated in section 11, there is allocated for 2020-2021 for the purposes
of this section an amount not to exceed $35,600,000.00 and from the general
fund money appropriated in section 11, there is allocated for 2020-2021 for the
purposes of this section an amount not to exceed $1,300,000.00. The department and the department of health and human
services shall continue a program to distribute this funding to add licensed
behavioral health providers for general education pupils, and shall continue to
seek federal Medicaid match funding for all eligible mental health and support
services.
(2) The department and
the department of health and human services shall maintain an advisory council
for programs funded under this section. The advisory council shall define goals
for implementation of programs funded under this section, and shall provide
feedback on that implementation. At a minimum, the advisory council shall
consist of representatives of state associations representing school health,
school mental health, school counseling, education, health care, and other
organizations, representatives from the department and the department of health
and human services, and a representative from the school safety task force
created under Executive Order No. 2018-5. The department and department of
health and human services, working with the advisory council, shall determine
an approach to increase capacity for mental health and support services in
schools for general education pupils, and shall determine where that increase
in capacity qualifies for federal Medicaid match funding.
(3) The advisory council
shall develop a fiduciary agent checklist for intermediate districts to facilitate
development of a plan to submit to the department and to the department of
health and human services. The department and department of health and human
services shall determine the requirements and format for intermediate districts
to submit a plan for possible funding under subsection (5). The department
shall make applications for funding for this program available to districts and
intermediate districts not later than December 1, 2019, for
the 2019-2020 fiscal year and December 1, 2020 for the 2020-2021 fiscal year and
shall award the funding not later than February 1, 2020
for the 2019-2020 fiscal year and February 1, 2021 for the 2020-2021 fiscal
year.
(4) The department of
health and human services shall seek to amend the state Medicaid plan or obtain
appropriate Medicaid waivers as necessary for the purpose of generating
additional Medicaid match funding for school mental health and support services
for general education pupils. The intent is that a successful state plan
amendment or other Medicaid match mechanisms will result in additional federal
Medicaid match funding for both the new funding allocated under this section
and for any expenses already incurred by districts and intermediate districts
for mental health and support services for general education pupils.
(5) From the funds state school aid fund
money allocated under subsection (1), there is allocated for 2019-2020
an amount not to exceed $6,500,000.00 and there is
allocated for 2020-2021 an amount not to exceed $9,300,000.00 to be distributed to the network of child and adolescent
health centers to place a licensed master's level behavioral health provider in
schools that do not currently have services available to general education
students. Existing child Child
and adolescent health centers receiving funding
under this subsection that are part of the network
described in this subsection shall provide a commitment to maintain
services and implement all available federal Medicaid match methodologies. The
department of health and human services shall use all existing or additional
federal Medicaid match opportunities to maximize funding allocated under this
subsection. The department shall provide funds under this subsection to existing child and adolescent health centers that are part of the network described in this subsection in
the same proportion that funding under section 31a(7) is provided to child and
adolescent health centers that are part of the network
described in this subsection and that are located and operating in those
districts. A payment from funding allocated under this
subsection must not be paid to an entity that is not part of the network
described in this subsection.
(6) From the funds state school aid fund
money allocated under subsection (1), there is allocated for 2019-2020
an amount not to exceed $23,000,000.00 and there is
allocated for 2020-2021 an amount not to exceed $25,800,000.00 to be distributed to intermediate districts for the provision
of mental health and support services to general education students. From the
funds allocated under this subsection, the department shall distribute $410,700.00 for 2019-2020 and $460,700.00 for
2020-2021 to each intermediate
district that submits a plan approved by the department and the department of
health and human services. The department and department of health and human
services shall work cooperatively in providing oversight and assistance to
intermediate districts during the plan submission process and shall monitor the
program upon implementation. An intermediate district shall use funds awarded
under this subsection to provide funding to its constituent districts,
including public school academies that are considered to be constituent
districts under section 705(7) of the revised school code, MCL 380.705, for the
provision of mental health and support services to general education students.
In addition to the criteria identified under subsection (7), an intermediate
district shall consider geography, cost, or other challenges when awarding
funding to its constituent districts. If funding awarded to an intermediate
district remains after funds are provided by the intermediate district to its
constituent districts, the intermediate district may hire or contract for
experts to provide mental health and support services to general education
students residing within the boundaries of the intermediate district, including, but not limited to, expanding, hiring, or
contracting for staff and experts to provide those services directly or to
increase access to those services through coordination with outside mental
health agencies.
(7) A district
requesting funds under this section from the intermediate district in which it
is located shall submit an application for funding for the provision of mental
health and support services to general education pupils. A district receiving
funding from the application process described in this subsection shall provide
services to nonpublic students upon request. An intermediate district shall not
discriminate against an application submitted by a public school academy simply
on the basis of the applicant being a public school academy. The department
shall approve grant applications based on the following criteria:
(a) The district's
commitment to maintain mental health and support services delivered by licensed
providers into future fiscal years.
(b) The district's
commitment to work with its intermediate district to use funding it receives
under this section that is spent by the district for general education pupils
toward participation in federal Medicaid match methodologies. A district must
provide a local match of at least 20% of the funding allocated to the district
under section 31n.
(c) The district's
commitment to adhere to any local funding requirements determined by the
department and the department of health and human services.
(d) The extent of the
district's existing partnerships with community health care providers or the
ability of the district to establish such partnerships.
(e) The district's
documentation of need, including gaps in current mental health and support
services for the general education population.
(f) The district's
submission of a formal plan of action identifying the number of schools and
students to be served.
(g) Whether the district
will participate in ongoing trainings.
(h) Whether the district
will submit an annual report to the state.
(i) Whether the district
demonstrates a willingness to work with the state to establish program and
service delivery benchmarks.
(j) Whether the district
has developed a school safety plan or is in the process of developing a school
safety plan.
(k) Any other
requirements determined by the department or the department of health and human
services.
(8) Funding under this
section, including any federal Medicaid funds that are generated, must not be
used to supplant existing services.
(9) Both of the
following are allocated for 2019-2020 to the
department of health and human services from the general fund money allocated
under subsection (1):
(a) An For 2019-2020, an amount
not to exceed $1,000,000.00 and for 2020-2021,
an amount not to exceed $1,000,000.00 for the
purpose of upgrading technology and systems infrastructure and other
administrative requirements to support the programs funded under this section.
(b) An For 2019-2020, an amount
not to exceed $300,000.00 and for 2020-2021,
an amount not to exceed $300,000.00 for the
purpose of administering the programs under this section and working on
generating additional Medicaid funds as a result of programs funded under this
section.
(10) From the funds state school aid fund
money allocated under subsection (1), there is allocated for 2019-2020
an amount not to exceed $500,000.00 and there is
allocated for 2020-2021 an amount not to exceed $500,000.00 to intermediate districts on an equal per intermediate
district basis for the purpose of administering programs funded under this
section.
(11) The department and
the department of health and human services shall work with the advisory
council to develop proposed measurements of outcomes and performance. Those
measurements shall must include,
at a minimum, the number of pupils served, the number of schools served, and
where those pupils and schools were located. The department and the department
of health and human services shall compile data necessary to measure outcomes and
performance, and districts and intermediate districts receiving funding under
this section shall provide data requested by the department and department of
health and human services for the measurement of outcomes and performance. The
department and department of health and human services shall provide a an annual report not
later than December 1, 2019 and by December 1 annually thereafter of each
year to the house and senate appropriations subcommittees on state school aid and health and human services, and to the house and senate fiscal agencies, and to the state budget director. At a minimum, the
report must include measurements of outcomes and performance, proposals to
increase efficacy and usefulness, proposals to increase performance, and
proposals to expand coverage.
Sec. 32d. (1) From the funds appropriated in
section 11, there is allocated to eligible intermediate districts and consortia
of intermediate districts for great start readiness programs an amount not to
exceed $249,600,000.00 for 2019-2020. 2020-2021.
An intermediate district or consortium shall use funds allocated
under this section for great start readiness programs to provide part-day,
school-day, or GSRP/Head Start blended comprehensive free compensatory
classroom programs designed to improve the readiness and subsequent achievement
of educationally disadvantaged children who meet the participant eligibility
and prioritization guidelines as defined by the department. For a child to be
eligible to participate in a program under this section, the child must be at
least 4, but less than 5, years of age as of September 1 of the school year in
which the program is offered and must meet those eligibility and prioritization
guidelines. A child who is not 4 years of age as of September 1, but who will
be 4 years of age not later than December 1, is eligible to participate if the
child's parent or legal guardian seeks a waiver from the September 1
eligibility date by submitting a request for enrollment in a program to the
responsible intermediate district, if the program has capacity on or after
September 1 of the school year, and if the child meets eligibility and
prioritization guidelines.
(2) From the
funds allocated under subsection (1), an amount not to exceed $247,600,000.00 is allocated
to intermediate districts or consortia of intermediate districts based on the
formula in section 39. An intermediate district or consortium of intermediate
districts receiving funding under this section shall act as the fiduciary for
the great start readiness programs. In order to be eligible to receive funds
allocated under this subsection from an intermediate district or consortium of
intermediate districts, a district, a consortium of districts, or a public or
private for-profit or nonprofit legal entity or agency shall must
comply with this section and section 39.
(3) In addition
to the allocation under subsection (1), from the general fund money
appropriated under section 11, there is allocated an amount not to exceed $350,000.00 for 2019-2020 2020-2021 for a competitive grant to continue a
longitudinal evaluation of children who have participated in great start
readiness programs. This evaluation must include,
to the extent, for 2020-2021, that data from the kindergarten readiness
assessment are available, a comparative analysis of the
relationship between great start readiness programs and performance on the
kindergarten readiness assessment funded under section 104. The evaluation must
use children wait-listed under this section for comparison, must include a
determination of the specific great start readiness program in which the
kindergarten students were enrolled and attended in the previous school year,
and must, to the extent, for 2020-2021, that data from
the Michigan kindergarten entry observation tool are available,
analyze Michigan kindergarten entry observation tool scores for students taking
the Michigan kindergarten entry observation tool each year and produce a report
as required under section 104. For 2019-2020, the
performance data on the kindergarten readiness assessment must be submitted to
the center at the same time as the spring Michigan student data system
collection. Beginning in 2020-2021, the The
performance data on the kindergarten readiness assessment must be
submitted to the center at the same time as the fall Michigan student data
system collection. The responsibility for the analysis required under this
subsection may be added to the requirements that the department currently has
with its competitively designated current grantee.
(4) To be eligible
for funding under this section, a program must prepare children for success in
school through comprehensive part-day, school-day, or GSRP/Head Start blended
programs that contain all of the following program components, as determined by
the department:
(a) Participation
in a collaborative recruitment and enrollment process to assure that each child
is enrolled in the program most appropriate to his or her needs and to maximize
the use of federal, state, and local funds.
(b) An
age-appropriate educational curriculum that is in compliance with the early
childhood standards of quality for prekindergarten children adopted by the
state board, including, at least, the Connect4Learning curriculum.
(c) Nutritional
services for all program participants supported by federal, state, and local
resources as applicable.
(d) Physical and
dental health and developmental screening services for all program
participants.
(e) Referral
services for families of program participants to community social service
agencies, including mental health services, as appropriate.
(f) Active and
continuous involvement of the parents or guardians of the program participants.
(g) A plan to
conduct and report annual great start readiness program evaluations and
continuous improvement plans using criteria approved by the department.
(h) Participation
in a school readiness advisory committee convened as a workgroup of the great
start collaborative that provides for the involvement of classroom teachers,
parents or guardians of program participants, and community, volunteer, and
social service agencies and organizations, as appropriate. The advisory
committee annually shall review and make recommendations regarding the program
components listed in this subsection. The advisory committee also shall make
recommendations to the great start collaborative regarding other community
services designed to improve all children's school readiness.
(i) The ongoing
articulation of the kindergarten and first grade programs offered by the
program provider.
(j) Participation
in this state's great start to quality process with a rating of at least 3
stars.
(5) An
application for funding under this section must provide for the following, in a
form and manner determined by the department:
(a) Ensure
compliance with all program components described in subsection (4).
(b) Except as
otherwise provided in this subdivision
or section, ensure that at least 90% of the children
participating in an eligible great start readiness program for whom the
intermediate district is receiving funds under this section are children who
live with families with a household income that is equal to or less than 250%
of the federal poverty guidelines. If the intermediate district determines that
all eligible children are being served and that there are no children on the
waiting list who live with families with a household income that is equal to or
less than 250% of the federal poverty guidelines, the intermediate district may
then enroll children who live with families with a household income that is
equal to or less than 300% of the federal poverty guidelines. The enrollment
process must consider income and risk factors, such that children determined
with higher need are enrolled before children with lesser need. For purposes of
this subdivision and subsection (27), all
age-eligible children served in foster care or who are experiencing
homelessness or who have individualized education programs recommending
placement in an inclusive preschool setting are considered to live with families
with household income equal to or less than 250% of the federal poverty
guidelines regardless of actual family income and are prioritized for
enrollment within the lowest quintile.
(c) Ensure that
the applicant only uses qualified personnel for this program, as follows:
(i) Teachers possessing proper training. A lead teacher must
have a valid teaching certificate with an early childhood (ZA or ZS)
endorsement or a bachelor's or higher degree in child development or early
childhood education with specialization in preschool teaching. However, if an
applicant demonstrates to the department that it is unable to fully comply with
this subparagraph after making reasonable efforts to comply, teachers who have
significant but incomplete training in early childhood education or child
development may be used if the applicant provides to the department, and the
department approves, a plan for each teacher to come into compliance with the
standards in this subparagraph. A teacher's compliance plan must be completed within
2 years of the date of employment. Progress toward completion of the compliance
plan consists of at least 2 courses per calendar year.
(ii) Paraprofessionals
possessing proper training in early childhood education, including an
associate's degree in early childhood education or child development or the
equivalent, or a child development associate (CDA) credential. However, if an
applicant demonstrates to the department that it is unable to fully comply with
this subparagraph after making reasonable efforts to comply, the applicant may
use paraprofessionals who have completed at least 1 course that earns college
credit in early childhood education or child development if the applicant
provides to the department, and the department approves, a plan for each
paraprofessional to come into compliance with the standards in this
subparagraph. A paraprofessional's compliance plan must be completed within 2
years of the date of employment. Progress toward completion of the compliance
plan consists of at least 2 courses or 60 clock hours of training per calendar
year.
(d) Include a program budget that contains only those costs
that are not reimbursed or reimbursable by federal funding, that are clearly
and directly attributable to the great start readiness program, and that would
not be incurred if the program were not being offered. Eligible costs include
transportation costs. The program budget must indicate the extent to which
these funds will supplement other federal, state, local, or private funds. An
applicant shall not use funds received under this section to supplant any
federal funds received by the applicant to serve children eligible for a
federally funded preschool program that has the capacity to serve those
children.
(6) For a grant recipient that enrolls pupils in a school-day
program funded under this section, each child enrolled in the school-day
program is counted as described in section 39 for purposes of determining the
amount of the grant award.
(7) For a grant recipient that enrolls pupils in a GSRP/Head
Start blended program, the grant recipient shall ensure that all Head Start and
GSRP policies and regulations are applied to the blended slots, with adherence
to the highest standard from either program, to the extent allowable under
federal law.
(8) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall designate an early
childhood coordinator, and may provide services directly or may contract with 1
or more districts or public or private for-profit or nonprofit providers that, except as otherwise provided in this section, meet all
requirements of subsections (4) and (5).
(9) An intermediate district or consortium of intermediate
districts may retain for administrative services provided by the intermediate
district or consortium of intermediate districts an amount not to exceed 4% of
the grant amount. Expenses incurred by subrecipients engaged by the
intermediate district or consortium of intermediate districts for directly
running portions of the program are considered program costs or a contracted
program fee for service. Subrecipients operating with a federally approved
indirect rate for other early childhood programs may include indirect costs,
not to exceed the federal 10% de minimis.
(10) An intermediate district or consortium of intermediate
districts may expend not more than 2% of the total grant amount for outreach,
recruiting, and public awareness of the program.
(11) Each Except as otherwise provided in this section, each grant
recipient shall enroll children identified under subsection (5)(b) according to
how far the child's household income is below 250% of the federal poverty
guidelines by ranking each applicant child's household income from lowest to
highest and dividing the applicant children into quintiles based on how far the
child's household income is below 250% of the federal poverty guidelines, and
then enrolling children in the quintile with the lowest household income before
enrolling children in the quintile with the next lowest household income until
slots are completely filled. If the grant recipient determines that all
eligible children are being served and that there are no children on the
waiting list who live with families with a household income that is equal to or
less than 250% of the federal poverty guidelines, the grant recipient may then
enroll children who live with families with a household income that is equal to
or less than 300% of the federal poverty guidelines. The enrollment process
must consider income and risk factors, such that children determined with
higher need are enrolled before children with lesser need. For purposes of this
subsection and subsection (27), all age-eligible
children served in foster care or who are experiencing homelessness or who have
individualized education programs recommending placement in an inclusive
preschool setting are considered to live with families with household income
equal to or less than 250% of the federal poverty guidelines regardless of
actual family income and are prioritized for enrollment within the lowest
quintile.
(12) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall allow parents of eligible
children who are residents of the intermediate district or within the
consortium to choose a program operated by or contracted with another
intermediate district or consortium of intermediate districts and shall enter
into a written agreement regarding payment, in a manner prescribed by the
department.
(13) An intermediate district or consortium of intermediate
districts receiving a grant under this section shall conduct a local process to
contract with interested and eligible public and private for-profit and
nonprofit community-based providers that meet all requirements of subsection
(4) for at least 30% of its total allocation. For the purposes of this 30%
allocation, an intermediate district or consortium of intermediate districts
may count children served by a Head Start grantee or delegate in a blended Head
Start and great start readiness school-day program. Children served in a
program funded only through Head Start are not counted toward this 30%
allocation. The intermediate district or consortium shall report to the
department, in a manner prescribed by the department, a detailed list of
community-based providers by provider type, including private for-profit,
private nonprofit, community college or university, Head Start grantee or
delegate, and district or intermediate district, and the number and proportion
of its total allocation allocated to each provider as subrecipient. If the
intermediate district or consortium is not able to contract for at least 30% of
its total allocation, the grant recipient shall notify the department and, if
the department verifies that the intermediate district or consortium attempted
to contract for at least 30% of its total allocation and was not able to do so,
then the intermediate district or consortium may retain and use all of its
allocation as provided under this section. To be able to use this exemption,
the intermediate district or consortium shall demonstrate to the department
that the intermediate district or consortium increased the percentage of its
total allocation for which it contracts with a community-based provider and the
intermediate district or consortium shall submit evidence satisfactory to the
department, and the department must be able to verify this evidence,
demonstrating that the intermediate district or consortium took measures to
contract for at least 30% of its total allocation as required under this
subsection, including, but not limited to, at least all of the following
measures:
(a) The intermediate district or consortium notified each
nonparticipating licensed child care center located in the service area of the
intermediate district or consortium regarding the center's eligibility to
participate, in a manner prescribed by the department.
(b) The intermediate district or consortium provided to each
nonparticipating licensed child care center located in the service area of the
intermediate district or consortium information regarding great start readiness
program requirements and a description of the application and selection process
for community-based providers.
(c) The intermediate district or consortium provided to the
public and to participating families a list of community-based great start
readiness program subrecipients with a great start to quality rating of at
least 3 stars.
(14) If an intermediate district or consortium of intermediate
districts receiving a grant under this section fails to submit satisfactory
evidence to demonstrate its effort to contract for at least 30% of its total
allocation, as required under subsection (13), the department shall reduce the
allocation to the intermediate district or consortium by a percentage equal to
the difference between the percentage of an intermediate district's or
consortium's total allocation awarded to community-based providers and 30% of
its total allocation.
(15) In order to assist intermediate districts and consortia
in complying with the requirement to contract with community-based providers
for at least 30% of their total allocation, the department shall do all of the
following:
(a) Ensure that a great start resource center or the
department provides each intermediate district or consortium receiving a grant
under this section with the contact information for each licensed child care
center located in the service area of the intermediate district or consortium
by March 1 of each year.
(b) Provide, or ensure that an organization with which the
department contracts provides, a community-based provider with a validated
great start to quality rating within 90 days of the provider's having submitted
a request and self-assessment.
(c) Ensure that all intermediate district, district,
community college or university, Head Start grantee or delegate, private
for-profit, and private nonprofit providers are subject to a single great start
to quality rating system. The rating system must ensure that regulators process
all prospective providers at the same pace on a first-come, first-served basis
and must not allow 1 type of provider to receive a great start to quality
rating ahead of any other type of provider.
(d) Not later than December March 1 of each year, compile the results of the
information reported by each intermediate district or consortium under
subsection (13) and report to the legislature a list by intermediate district
or consortium with the number and percentage of each intermediate district's or
consortium's total allocation allocated to community-based providers by
provider type, including private for-profit, private nonprofit, community
college or university, Head Start grantee or delegate, and district or
intermediate district.
(16) A recipient of funds under
this section shall report to the center in a form and manner prescribed by the
center the information necessary to derive the number of children participating
in the program who meet the program eligibility criteria under subsection
(5)(b), subject to subsection (27), the number of
eligible children not participating in the program and on a waitlist, and the
total number of children participating in the program by various demographic
groups and eligibility factors necessary to analyze equitable and priority
access to services for the purposes of subsection (3).
(17) As used in this section:
(a) "GSRP/Head Start blended program", except as otherwise provided in this section, means a
part-day program funded under this section and a Head Start program, which are
combined for a school-day program.
(b) "Federal poverty guidelines" means the
guidelines published annually in the Federal Register by the United States
Department of Health and Human Services under its authority to revise the
poverty line under 42 USC 9902.
(c) "Part-day program",
except as otherwise provided in this section, means a program that
operates at least 4 days per week, 30 weeks per year, for at least 3 hours of
teacher-child contact time per day but for fewer hours of teacher-child contact
time per day than a school-day program.
(d) "School-day program",
except as otherwise provided in this section, means a program that
operates for at least the same length of day as a district's first grade
program for a minimum of 4 days per week, 30 weeks per year. A classroom that
offers a school-day program must enroll all children for the school day to be
considered a school-day program.
(18) An intermediate district or consortium of intermediate
districts receiving funds under this section shall establish and charge tuition
according to a sliding scale of tuition rates based upon household income for
children participating in an eligible great start readiness program who live
with families with a household income that is more than 250%, but, for 2020-2021 only, who live with families with a
household income that is more than 400% of the federal poverty
guidelines to be used by all of its providers, as approved by the department.
(19) From the amount allocated in subsection (2), there is
allocated for 2019-2020 2020-2021
an amount not to exceed $10,000,000.00 for reimbursement of
transportation costs for children attending great start readiness programs
funded under this section. To receive reimbursement under this subsection, not
later than November 1 , of
each year, a program funded under this section that provides transportation
shall submit to the intermediate district that is the fiscal agent for the
program a projected transportation budget. The amount of the reimbursement for
transportation under this subsection is no more than the projected transportation
budget or $300.00 multiplied by the number of children funded for the program
under this section. If the amount allocated under this subsection is
insufficient to fully reimburse the transportation costs for all programs that
provide transportation and submit the required information, the department
shall prorate the reimbursement in an equal amount per child funded. The
department shall make payments to the intermediate district that is the fiscal
agent for each program, and the intermediate district shall then reimburse the
program provider for transportation costs as prescribed under this subsection.
(20) Subject to, and from the funds allocated under,
subsection (19), the department shall reimburse a program for transportation
costs related to parent- or guardian-accompanied transportation provided by
transportation service companies, buses, or other public transportation
services. To be eligible for reimbursement under this subsection, a program
must submit to the intermediate district or consortia of intermediate districts
all of the following:
(a) The names of families provided with transportation
support along with a documented reason for the need for transportation support
and the type of transportation provided.
(b) Financial documentation of actual transportation costs
incurred by the program, including, but not limited to, receipts and mileage
reports, as determined by the department.
(c) Any other documentation or information determined
necessary by the department.
(21) The department shall implement a process to review and
approve age-appropriate comprehensive classroom level quality assessments for
GSRP grantees that support the early childhood standards of quality for
prekindergarten children adopted by the state board. The department shall make
available to intermediate districts at least 2 classroom level quality
assessments that were approved in 2018.
(22) An intermediate district that is a GSRP grantee may
approve the use of a supplemental curriculum that aligns with and enhances the
age-appropriate educational curriculum in the classroom. If the department
objects to the use of a supplemental curriculum approved by an intermediate
district, the superintendent shall establish a review committee independent of
the department. The review committee shall meet within 60 days of the
department registering its objection in writing and provide a final
determination on the validity of the objection within 60 days of the review
committee's first meeting.
(23) The department shall implement a process to evaluate and
approve age-appropriate educational curricula that are in compliance with the
early childhood standards of quality for prekindergarten children adopted by
the state board.
(24) From the funds allocated under subsection (1), there is
allocated for 2019-2020 2020-2021
an amount not to exceed $2,000,000.00 for payments to
intermediate districts or consortia of intermediate districts for professional
development and training materials for educators in programs implementing new
curricula.
(25) A great start readiness program or a GSRP/Head Start
blended program funded under this section is permitted to utilize AmeriCorps
Pre-K Reading Corps members in classrooms implementing research-based early
literacy intervention strategies.
(26) For the 2020-2021
program year only, the hours, days, and weeks specified within the definitions
under subsection (17)(a), (c), and (d) do not apply to all grantees and
subrecipients under this section. However, for the 2020-2021 fiscal year only,
grantees and subrecipients shall, at a minimum, provide pandemic learning and
programming on-site, at a different location, in-person, online, digitally, by
other remote means, in a synchronous or asynchronous format, or through any
combination therein that results in an amount of hours, days, and weeks
necessary to deliver the educational or course content that would have been
delivered in a year in which pandemic learning was not provided and that
complies with requirements developed by the department. The department shall publish
uniform guidance concerning requirements under this subsection for
age-appropriate instruction that is provided online, digitally, or by other
remote means as part of pandemic learning and programming provided under this
subsection. As used in this subsection, "pandemic learning" means a
mode of instruction provided as a result of the COVID-19 pandemic.
(27) For the
2020-2021 program year only, household income eligibility thresholds requiring
household incomes that are equal to or less than 250% of the federal poverty
guidelines under subsections (5)(b) and (11) do not apply for all grantees and
subrecipients under this section. However, for the 2020-2021 program year, all
grantees and subrecipients must continue to enroll children in the quintile with
the lowest household income first before enrolling the next quintile and must
implement the ranking process described in subsection (11) by first enrolling
children from households with incomes that are equal to or less than 250% of
the federal poverty guidelines, then enrolling children from households with
incomes that are equal to an amount that is greater than 250% but less than or
equal to 300% of the federal poverty guidelines, then enrolling children from
households with incomes equal to an amount that is greater than 300% but less
than or equal to 350% of the federal poverty guidelines, and then continuing
enrollment in an order increasing in percentage from a percentage greater than
350% in relation to the federal poverty guidelines until all available slots
are filled.
(28) For the
2020-2021 program year only, intermediate districts will be awarded funding
based on the total allocation under subsection (1) and the funding must be
allocated to intermediate districts as prescribed under section 39. To receive
funding as described in this subsection, an intermediate district must complete
the department's process for accepting funds and implement its existing local
process for funding current subrecipients under this section, including, but
not limited to, adding any necessary new subrecipients and implementation of
the program. Intermediate districts described in this subsection must report
the children served under this section to the center for data-tracking
purposes. The data described in this subsection must not be used to determine
funding for the 2020-2021 program year or hold harmless funding levels for
2021-2022. Hold harmless funding for 2021-2022 must be determined based on the
2019-2020 final allocations under this section. Both of the following apply for
the 2020-2021 program year:
(a) An intermediate
district and its subrecipients under this section must conform to typical
expenditures related to the operation of great start readiness programs to
ensure the stability of the programs, including, but not limited to, ongoing
program and staff costs.
(b) Funding
remaining after serving all eligible children, in accordance with subsections
(5)(b) and (11), subject to subsection (27), or remaining from other program
savings due to pandemic learning must be used for the betterment of the program
under this section and must be approved by the department. Intermediate
districts and subrecipients under this section may only spend in accordance
with the provisions of this subdivision if the intermediate district or
subrecipient has demonstrated to the satisfaction of the department that no
eligible children are on waitlists for the programs operated by the
intermediate district or subrecipients under this section.
Sec. 32p. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $13,400,000.00
to intermediate districts for 2019-2020 2020-2021 for
the purpose of providing early childhood funding to intermediate school districts to support the activities goals and outcomes under
subsection (2) and subsection (4), and to provide early childhood programs for
children from birth through age 8. The funding provided to each intermediate
district under this section is determined by the distribution formula
established by the department's office of great start to provide equitable
funding statewide. In order to receive funding under this section, each
intermediate district shall must provide an application to the office of great start
not later than September 15 of the immediately preceding fiscal year indicating
the activities strategies
planned to be provided.
(2) Each intermediate
district or consortium of intermediate districts that receives funding under
this section shall convene a local great start collaborative and a parent coalition.
The goal of each great start collaborative and parent coalition is to ensure
the coordination and expansion of local early childhood infrastructure and
programs that allow every child in the community to achieve the following
outcomes:
(a) Children born
healthy.
(b) Children healthy,
thriving, and developmentally on track from birth to third grade.
(c) Children
developmentally ready to succeed in school at the time of school entry.
(d) Children prepared to
succeed in fourth grade and beyond by reading proficiently by the end of third
grade.
(3) Each local great
start collaborative and parent coalition shall convene workgroups to make
recommendations about community services designed to achieve the outcomes
described in subsection (2) and to ensure that its local great start system
includes the following supports for children from birth through age 8:
(a) Physical health.
(b) Social-emotional
health.
(c) Family supports and
basic needs.
(d) Parent education.
(e) Early education,
including the child's development of skills linked to success in foundational
literacy, and care.
(4) From the funds
allocated in subsection (1), at least $2,500,000.00
must be used for the purpose of providing home
visits to at-risk children and their families. The home visits must be
conducted as part of a locally coordinated, family-centered, evidence-based,
data-driven home visit strategic plan that is approved by the department. The
goals of the home visits funded under this subsection are to improve school
readiness using evidence-based methods, including a focus on developmentally
appropriate outcomes for early literacy, to reduce the
number of pupils retained in grade level, to reduce the number of pupils
requiring special education services, to improve positive parenting
practices, and to improve family economic self-sufficiency while reducing the
impact of high-risk factors through community resources and referrals. The
department shall coordinate the goals of the home visit strategic plans
approved under this subsection with other state agency home visit programs in a
way that strengthens Michigan's home visiting infrastructure and maximizes
federal funds available for the purposes of at-risk family home visits. The
coordination among departments and agencies is intended to avoid duplication of
state services and spending, and should emphasize efficient service delivery of
home visiting programs.
(5) Not later than
December 1 of each year, each intermediate district shall provide a report to
the department detailing the activities strategies actually provided implemented during the immediately preceding school year
and the families and children actually served. At a minimum, the report must
include an evaluation of the services provided with additional funding under
subsection (4) for home visits, using the goals identified in subsection (4) as
the basis for the evaluation, including the degree to which school readiness
was improved, any change in the number of pupils
retained at grade level, any change in the number of pupils receiving special
education services, the degree to which positive parenting practices
were improved, the degree to which there was improved family economic
self-sufficiency, and the degree to which community resources and referrals
were utilized. The department shall compile and summarize these reports and
submit its summary to the house and senate appropriations subcommittees on
school aid and to the house and senate fiscal agencies not later than February
15 of each year.
(6) An intermediate
district or consortium of intermediate districts that receives funding under
this section may carry over any unexpended funds received under this section
into the next fiscal year and may expend those unused funds through June 30 of
the next fiscal year. However, an intermediate district
or consortium of intermediate districts that receives funding for the purposes
described in subsection (2) in fiscal year 2020-2021 shall not carry over into
the next fiscal year any amount exceeding 30% of the amount awarded to the
intermediate district or consortium in the 2020-2021 fiscal year. It is
intended that the amount carried over from funding awarded for the purposes
described in subsection (2) in fiscal year 2021-2022 not exceed 20% of the
amount awarded in that fiscal year and the amount carried over from funding
awarded for the purposes described in subsection (2) in fiscal year 2022-2023
not exceed 15% of the amount awarded in that fiscal year. A recipient of
a grant shall return any unexpended grant funds to the department in the manner
prescribed by the department not later than September 30 of the next fiscal
year after the fiscal year in which the funds are received.
Sec. 35a. (1) From the appropriations in section 11, there is
allocated for 2019-2020 2020-2021
for the purposes of this section an amount not to exceed $57,400,000.00 $55,400,000.00 from the
state school aid fund and there is allocated for
2020-2021 for the purposes of subsection (8) an amount not to exceed $2,773,000.00
from the general fund. The superintendent shall designate staff or
contracted employees funded under this section as critical shortage. Programs
funded under this section are intended to ensure that this state will be a top
10 state in grade 4 reading proficiency by 2025 according to the National
Assessment of Educational Progress (NAEP).
(2) A district that
receives funds under subsection (5) may spend up to 5% of those funds for
professional development for educators in a department-approved research-based
training program related to current state literacy standards for pupils in
grades K pre-K to
3. The professional development must also include training in the use of
screening and diagnostic tools, progress monitoring, and intervention methods
used to address barriers to learning and delays in learning that are diagnosed
through the use of these tools.
(3) A district that
receives funds under subsection (5) may use up to 5% of those funds to
administer department-approved screening and diagnostic tools to monitor the
development of early literacy and early reading skills of pupils in grades K pre-K to 3 and to
support research-based professional development for educators in administering
screening and diagnostic tools and in data interpretation of the results
obtained through the use of those tools for the purpose of implementing a
multi-tiered system of support to improve reading proficiency among pupils in
grades K pre-K to
3. A department-approved screening and diagnostic tool administered by a
district using funding under this section must include all of the following
components: phonemic awareness, phonics, fluency, and comprehension. Further,
all of the following sub-skills must be assessed within each of these
components:
(a) Phonemic awareness -
segmentation, blending, and sound manipulation (deletion and substitution).
(b) Phonics - decoding
(reading) and encoding (spelling).
(c) Fluency - reading
rate, accuracy, and expression.
(d) Comprehension -
making meaning of text.
(4) From the allocation
under subsection (1), there is allocated an amount not to exceed $31,500,000.00 for 2019-2020 2020-2021 for
the purpose of providing early literacy coaches at intermediate districts to
assist teachers in developing and implementing instructional strategies for
pupils in grades K pre-K to
3 so that pupils are reading at grade level by the end of grade 3. All of the
following apply to funding under this subsection:
(a) The department shall
develop an application process consistent with the provisions of this
subsection. An application must provide assurances that literacy coaches funded
under this subsection are knowledgeable about at least the following:
(i) Current state literacy standards for pupils in grades K pre-K to 3.
(ii) Implementing an instructional delivery model based on
frequent use of formative, screening, and diagnostic tools, known as a
multi-tiered system of support, to determine individual progress for pupils in
grades K pre-K to
3 so that pupils are reading at grade level by the end of grade 3.
(iii) The use of data from diagnostic tools to determine the
necessary additional supports and interventions needed by individual pupils in
grades K pre-K to
3 in order to be reading at grade level.
(b) From the allocation
under this subsection, the department shall award grants to intermediate
districts for the support of early literacy coaches. The department shall
provide this funding in the following manner:
(i) The department shall award each intermediate district grant
funding to support the cost of 1 early literacy coach in an equal amount per
early literacy coach, not to exceed $112,500.00.
(ii) After distribution of the grant funding under subparagraph
(i), the department shall distribute the remainder of grant
funding for additional early literacy coaches in an amount not to exceed $112,500.00 per early literacy
coach. The number of funded early literacy coaches for each intermediate
district is based on the percentage of the total statewide number of pupils in
grades K to 3 who meet the income eligibility standards for the federal free
and reduced-price lunch programs who are enrolled in districts in the
intermediate district.
(c) If an intermediate
district that receives funding under this subsection uses an assessment tool
that screens for signs of dyslexia, the intermediate district shall use the
assessment results from that assessment tool to identify pupils who demonstrate
signs of dyslexia.
(5) From the allocation
under subsection (1), there is allocated an amount not to exceed $19,900,000.00 for 2019-2020 2020-2021 to
districts that provide additional instructional time to those pupils in grades K pre-K to 3, or, for 2020-2021
only, those pupils in grades pre-K to 12, who have
been identified by using department-approved screening and diagnostic tools as
needing additional supports and interventions in order to be reading at grade
level by the end of grade 3, or, for 2020-2021 only, reading
at the applicable grade level. Additional instructional time may be
provided before, during, and after regular school hours or as part of a
year-round balanced school calendar. All of the following apply to funding
under this subsection:
(a) In order to be
eligible to receive funding, a district shall demonstrate to the satisfaction
of the department that the district has done all of the following:
(i) Implemented a multi-tiered system of support instructional
delivery model that is an evidence-based model that uses data-driven problem
solving to integrate academic and behavioral instruction and that uses
intervention delivered to all pupils in varying intensities based on pupil
needs. The multi-tiered system of supports must provide at least all of the
following essential components:
(A) Team-based
leadership.
(B) A tiered delivery
system.
(C) Selection and
implementation of instruction, interventions, and supports.
(D) A comprehensive
screening and assessment system.
(E) Continuous
data-based decision making.
(ii) Used department-approved research-based diagnostic tools to
identify individual pupils in need of additional instructional time.
(iii) Used a reading instruction method that focuses on the 5
fundamental building blocks of reading: phonics, phonemic awareness, fluency,
vocabulary, and comprehension and content knowledge.
(iv) Provided teachers of pupils in grades K pre-K to 3 with
research-based professional development in diagnostic data interpretation.
(v) Complied with the requirements under section 1280f of the
revised school code, MCL 380.1280f.
(b) The department shall
distribute funding allocated under this subsection to eligible districts on an
equal per-first-grade-pupil basis.
(c) If the funds
allocated under this subsection are insufficient to fully fund the payments
under this subsection, payments under this subsection are prorated on an equal
per-pupil basis based on grade 1 pupils.
(6) Not later than
September 1 of each year, a district that receives funding under subsection (4), (5) , or (9), in conjunction with the Michigan data hub network, student data
system, if possible, shall provide to the department a report that
includes at least both of the following, in a form and manner prescribed by the
department:
(a) For pupils in grades
K pre-K to 3 or pre-K to 12, as applicable, the pupils, schools, and
grades served with funds under this section and the categories of services
provided.
(b) For pupils in grades
K pre-K to 3 or pre-K to 12, as applicable, pupil proficiency and
growth data that allows analysis both in the aggregate and by each of the
following subgroups, as applicable:
(i) School.
(ii) Grade level.
(iii) Gender.
(iv) Race.
(v) Ethnicity.
(vi) Economically disadvantaged status.
(vii) Disability.
(viii) Pupils identified as having reading deficiencies.
(7) From the allocation
under subsection (1), there is allocated an amount not to exceed $1,000,000.00 $4,000,000.00 for 2019-2020 2020-2021 to
an intermediate district in which the combined total number of pupils in
membership of all of its constituent districts is the fewest among all
intermediate districts. All of the following apply to the funding under this
subsection:
(a) Funding under this
subsection must be used by the intermediate district, in partnership with an
association that represents intermediate district administrators in this state,
to implement both all of
the following:
(i) Literacy essentials teacher and principal training modules.
(ii) Face-to-face and online professional learning of literacy
essentials teacher and principal training modules for literacy coaches,
principals, and teachers.
(iii) The placement of
regional lead literacy coaches to facilitate professional learning for early
literacy coaches. These regional lead literacy coaches shall provide support
for new literacy coaches, building teachers, and administrators and shall
facilitate regional data collection to evaluate the effectiveness of statewide
literacy coaches funded under this section.
(iv) Provide
$500,000.00 from this subsection for literacy training, modeling, coaching, and
feedback for district principals or chief administrators, as applicable. The
training described in this subparagraph must use the pre-K and K to 3 essential
instructional practices in literacy created by the general education leadership
network as the framework for all training provided under this subparagraph.
(b) Not later than
September 1 of each year, the intermediate district described in this
subsection, in consultation with grant recipients, shall submit a report to the
chairs of the senate and house appropriations subcommittees on state school aid, and the chairs of the
senate and house standing committees responsible for education legislation, the house and senate fiscal agencies, and the state budget
director. The report described under this subdivision must include
student achievement results in English language arts and survey results with
feedback from parents and teachers regarding the initiatives implemented under
this subsection.
(c) Up to 2% of funds allocated under this subsection may be
used by the association representing intermediate district administrators that
is in partnership with the intermediate district specified in this subsection
to administer this subsection.
(8) From the general fund money allocated in subsection (1),
the department shall allocate the amount of $2,773,000.00 for 2020-2021 to the
Michigan Education Corps for the PreK Reading Corps, the K3 Reading Corps, and
the Math Corps. All of the following apply to funding under this subsection:
(a) By September 1 of the current fiscal year, the Michigan
Education Corps shall provide a report concerning its use of the funding to the
senate and house appropriations subcommittees on state school aid, the senate
and house fiscal agencies, and the senate and house caucus policy offices on
outcomes and performance measures of the Michigan Education Corps, including,
but not limited to, the degree to which the Michigan Education Corps'
replication of the PreK Reading Corps, the K3 Reading Corps, and the Math Corps
programs is demonstrating sufficient efficacy and impact. The report must
include data pertaining to at least all of the following:
(i) The current impact of the programs on
this state in terms of numbers of children and schools receiving support. This
portion of the report must specify the number of children tutored, including
dosage and completion, and the demographics of those children.
(ii) Whether the assessments and
interventions are implemented with fidelity. This portion of the report must
include details on the total number of assessments and interventions completed
and the range, mean, and standard deviation.
(iii) Whether the literacy or math improvement
of children participating in the programs is consistent with expectations. This
portion of the report must detail at least all of the following:
(A) Growth rate by grade or age level, in comparison to
targeted growth rate.
(B) Average linear growth rates.
(C) Exit rates.
(D) Percentage of children who exit who also meet or exceed
spring benchmarks.
(iv) The impact of the programs on
organizations and stakeholders, including, but not limited to, school
administrators, internal coaches, and AmeriCorps members.
(b) If the department determines that the Michigan Education
Corps has misused the funds allocated under this subsection, the Michigan
Education Corps shall reimburse this state for the amount of state funding
misused.
(c) The department may not reserve any portion of the
allocation provided under this subsection for an evaluation of the Michigan Education
Corps, the Michigan Education Corps' funding, or the Michigan Education Corps'
programming unless agreed to in writing by the Michigan Education Corps. The
department shall award the entire $2,773,000.00 allocated under this subsection
to the Michigan Education Corps and shall not condition the awarding of this
funding on the implementation of an independent evaluation.
(9) (8) If a
district or intermediate district expends any funding received under subsection
(4) or (5) for professional development in research-based effective reading
instruction, the district or intermediate district shall select a professional
development program from the list described under subdivision (a). All of the
following apply to the requirement under this subsection:
(a) The department shall
issue a request for proposals for professional development programs in
research-based effective reading instruction to develop an initial approved
list of professional development programs in research-based effective reading
instruction. The department shall complete and make
the initial approved list public not later than
December 1, 2019. After December 1, 2019, the department and shall determine if it will, on a rolling basis,
approve any new proposals submitted for addition to its initial approved list.
(b) To be included as an
approved professional development program in research-based effective reading
instruction under subdivision (a), an applicant must demonstrate to the
department in writing the program's competency in all of the following topics:
(i) Understanding of phonemic awareness, phonics, fluency,
vocabulary, and comprehension.
(ii) Appropriate use of assessments and differentiated
instruction.
(iii) Selection of appropriate instructional materials.
(iv) Application of research-based instructional practices.
(c) As used in this
subsection, "effective reading instruction" means reading instruction
scientifically proven to result in improvement in pupil reading skills.
(9) From the allocation under subsection (1), there is
allocated for 2019-2020 only an amount not to exceed $5,000,000.00 for a summer school reading program for
grade 3 pupils who did not score at least proficient on the English language
arts portion of the Michigan student test of educational progress (M-STEP) and
for pupils in grades K to 2 who are not reading at grade level. All of the
following apply to the funding allocated under this subsection:
(a) To be eligible for funding under this subsection, a
district must apply in a form and manner prescribed by the department by not
later than January 15, 2020.
(b) The department shall award funding under this subsection
not later than March 15, 2020.
(c) The amount of funding to each eligible district is equal
to the product of the quotient of $5,000,000.00 divided by the sum of the
number of pupils determined by the department to have scored less than
proficient on the English language arts portion of the 2019 grade 3 Michigan
student test of educational progress (M-STEP) among all of the districts that
apply and are eligible for funding for a summer school reading program under
this subsection, multiplied by the number of pupils in the eligible district
determined by the department to have scored less than proficient on the English
language arts portion of the 2019 grade 3 Michigan student test of educational
progress (M-STEP).
(d) A district that is awarded funding under this subsection
must prioritize its summer school reading program toward grade 3 pupils who
scored less than proficient on the English language arts portion of the
Michigan student test of educational progress (M-STEP), but may extend the
program to any pupil in grades K to 2 who is not reading at grade level if the
program has capacity.
(10) Notwithstanding section 17b, the department shall make
payments made under subsections (7) and (9) and (8) on a schedule determined by the department.
Sec. 35b. (1)
From the general fund money appropriated in section 11, there is allocated for 2018-2019 2020-2021
an amount not to exceed $250,000.00 for a grant to be distributed
by the department to the Children's Choice Initiative to
create a pilot program for
a program to use a multisensory structured language education
method to improve reading proficiency rates and to comply with section 1280f of
the revised school code, MCL 380.1280f.
(2) Grant funds awarded under this section must be expended
for the following purposes:
(a) Professional development including training staff and
tutors in a multisensory, sequential, systematic education approach.
(b) Additional instructional time before, during, or after
school for pupils in grades K to 3 identified as having an early literacy delay
or reading deficiency using a multisensory, sequential, systematic education
approach.
(3) Not later than December 1, 2020,
2021, an entity that receives
grant funds under this section shall report to the house and senate
appropriations subcommittees on school aid, the house and senate fiscal
agencies, and the state budget director on all of the following for the grant
funds awarded under this section:
(a) The number of staff and tutors trained.
(b) The number of pupils in grades K to 3 identified as
having an early literacy delay or reading deficiency served.
(c) The number of hours of added instructional time provided
to pupils served.
(d) Pupil reading proficiency and growth data of pupils
served necessary to evaluate the effectiveness of the program.
Sec. 35d. (1) From the general fund
money appropriated under section 11, for 2020-2021, there is allocated an
amount not to exceed $500,000.00 for the department to provide grants to
districts and intermediate districts for the purchase of 1 or more components
or trainings through an eligible 1-on-1 tutoring program for children with
dyslexia from a provider of an eligible 1-on-1 tutoring program for children
with dyslexia as provided under this section.
(2)
A provider that provides programming that meets all of the following is
considered to be a provider of an eligible 1-on-1 tutoring program for purposes
of this section:
(a)
Allows teachers to incorporate the 5 components essential to an effective
reading program into their daily lessons. The 5 components described in this
subdivision are phonemic awareness, phonics, vocabulary, fluency, and
comprehension.
(b)
Trains educators to teach reading using a proven, multisensory approach.
(c)
Educates teachers on how to explicitly and effectively teach reading to
beginning readers.
(d)
Breaks reading and spelling down into smaller skills involving letters and
sounds, and then builds on these skills over time.
(e)
Uses multisensory teaching strategies to teach reading by using sight, hearing,
touch, and movement to help students connect and learn the concepts being
taught.
(3)
Districts and intermediate districts may apply to the department for grants to
purchase components or training through an eligible 1-on-1 tutoring program
from a provider of an eligible 1-on-1 tutoring program, and, upon receiving an
application but except as otherwise provided in this subsection, the department
shall make payments to districts and intermediate districts for those purchases.
The department shall make payments under this section on a first-come,
first-served basis until funds are depleted.
Sec. 35e. (1) From the general fund money appropriated under section 11, there is allocated an amount not to exceed $1,000,000.00 for 2020-2021 for a grant to be distributed by the department to an organization to provide early literacy and academic support to at-need youth in this state.
(2) To qualify for a grant under this section, an organization must be exempt from federal income tax under section 501(c)(3) of the internal revenue code, 26 USC 501, and must be affiliated and in good standing with a national congressionally chartered organization's standards under 36 USC 20101 to 240112, and must meet both of the following:
(a) Is facility-based and provides proven and tested recreational, educational, and character building programs for children ages 6 to 18.
(b) Provides after-school and summer programs in at least 25 communities statewide, with youth development services available at least 20 hours per week during the school year and 30 hours per week during summer programming.
(3) A grant recipient under this section shall administer an early learning literacy program targeted at students in grades K-3. At least 60% of the participants in the program must qualify for free or reduced-priced lunch. Each entity receiving funds to implement the program shall report to the department on the number of children served, the types of services, and the outcome of those services.
(4)
Notwithstanding section 17b, the department shall make grant payments under
this section on a schedule determined by the department.
Sec. 35f. From the general fund money appropriated in section 11, there is allocated for 2020-2021 an amount not to exceed $500,000.00 for the department to award to the Chaldean community foundation. The Chaldean community foundation shall use funds received under this section to support and expand early childhood learning opportunities, improve early literacy achievement, increase high school graduation rates for new Americans, and assist with diploma acquisition, skills training, and postsecondary education.
Sec. 39. (1) An
eligible applicant receiving funds under section 32d shall submit an
application, in a form and manner prescribed by the department, by a date
specified by the department in the immediately preceding fiscal year. An
eligible applicant is not required to amend the applicant's current accounting
cycle or adopt this state's fiscal year accounting cycle in accounting for
financial transactions under this section. The application must include all of
the following:
(a) The estimated total number of children in the community
who meet the criteria of section 32d, as provided to the applicant by the
department utilizing the most recent population data available from the
American Community Survey conducted by the United States Census Bureau. The
department shall ensure that it provides updated American Community Survey
population data at least once every 3 years.
(b) The estimated number of children in the community who
meet the criteria of section 32d and are being served exclusively by Head Start
programs operating in the community.
(c) The number of children whom the applicant has the
capacity to serve who meet the criteria of section 32d including a verification
of physical facility and staff resources capacity.
(2) After notification of funding allocations, an applicant
receiving funds under section 32d shall also submit an implementation plan for
approval, in a form and manner prescribed by the department, by a date
specified by the department, that details how the applicant complies with the
program components established by the department pursuant to section 32d.
(3) The initial allocation to each eligible applicant under
section 32d is the lesser of the following:
(a) The sum of the number of children served in a school-day
program in the preceding school year multiplied by $7,250.00 and the number of
children served in a GSRP/Head Start blended program or a part-day program in
the preceding school year multiplied by $3,625.00.
(b) The sum of the number of children the applicant has the
capacity to serve in the current school year in a school-day program multiplied
by $7,250.00 and the number of children served in a GSRP/Head Start blended
program or a part-day program the applicant has the capacity to serve in the
current school year multiplied by $3,625.00.
(4) If funds remain after the allocations under subsection
(3), the department shall distribute the remaining funds to each intermediate
district or consortium of intermediate districts that serves less than the
state percentage benchmark determined under subsection (5). The department
shall distribute these remaining funds to each eligible applicant based upon
each applicant's proportionate share of the remaining unserved children
necessary to meet the statewide percentage benchmark in intermediate districts
or consortia of intermediate districts serving less than the statewide
percentage benchmark. When all applicants have been given the opportunity to
reach the statewide percentage benchmark, the statewide percentage benchmark
may be reset, as determined by the department, until greater equity of
opportunity to serve eligible children across all intermediate school districts
has been achieved.
(5) For the purposes of subsection (4), the department shall
calculate a percentage of children served by each intermediate district or
consortium of intermediate districts by dividing
adding the number of children
served in the immediately preceding year by that intermediate district or
consortium with the number of eligible children under
section 32d served exclusively by head start, as reported in a form and manner
prescribed by the department, within the intermediate district or consortia
service area and dividing that total by the total number of
children within the intermediate district or consortium of intermediate
districts who meet the criteria of section 32d as determined by the department
utilizing the most recent population data available from the American Community
Survey conducted by the United States Census Bureau. The department shall
compare the resulting percentage of eligible children served to a statewide
percentage benchmark to determine if the intermediate district or consortium is
eligible for additional funds under subsection (4). The statewide percentage
benchmark is 60%.
(6) If, taking into account the total amount to be allocated
to the applicant as calculated under this section, an applicant determines that
it is able to include additional eligible children in the great start readiness
program without additional funds under section 32d, the applicant may include
additional eligible children but does not receive additional funding under
section 32d for those children.
(7) The department shall review the program components under
section 32d and under this section at least biennially. The department also
shall convene a committee of internal and external stakeholders at least once
every 5 years to ensure that the funding structure under this section reflects
current system needs under section 32d.
(8) As used in this section, "GSRP/Head
Start blended program", "part-day program", and "school-day
program" ,
"GSRP/Head Start blended program", and "part-day program" mean
those terms as defined in section 32d
as, for 2020-2021, impacted by section 32d(26).
Sec. 39a. (1) From the federal funds appropriated in section
11, there is allocated for 2019-2020 2020-2021 to districts, intermediate districts, and
other eligible entities all available federal funding, estimated at $725,600,000.00 $749,200,000.00 for the federal programs under the no child left behind act
of 2001, Public Law 107-110, or the every student succeeds act, Public Law
114-95. These funds are allocated as follows:
(a) An amount estimated at
$1,200,000.00 for 2019-2020 2020-2021 to provide students with drug- and
violence-prevention programs and to implement strategies to improve school
safety, funded from DED-OESE, drug-free schools and communities funds.
(b) An amount estimated at $100,000,000.00
for 2019-2020 2020-2021 for the purpose of preparing, training, and
recruiting high-quality teachers and class size reduction, funded from
DED-OESE, improving teacher quality funds.
(c) An amount estimated at
$11,000,000.00 for 2019-2020 2020-2021 for programs to teach English to limited
English proficient (LEP) children, funded from DED-OESE, language acquisition
state grant funds.
(d) An amount estimated at $2,800,000.00
for 2019-2020 2020-2021 for rural and low income schools, funded from
DED-OESE, rural and low income school funds.
(e) An amount estimated at $535,000,000.00
for 2019-2020 2020-2021 to provide supplemental programs to enable
educationally disadvantaged children to meet challenging academic standards,
funded from DED-OESE, title I, disadvantaged children funds.
(f) An amount estimated at $9,200,000.00
for 2019-2020 2020-2021 for the purpose of identifying and serving
migrant children, funded from DED-OESE, title I, migrant education funds.
(g) An amount estimated at $39,000,000.00
for 2019-2020 2020-2021 for the purpose of providing high-quality
extended learning opportunities, after school and during the summer, for
children in low-performing schools, funded from DED-OESE, twenty-first century
community learning center funds.
(h) An amount estimated at $12,000,000.00 $14,000,000.00 for 2019-2020 2020-2021 to
help support local school improvement efforts, funded from DED-OESE, title I,
local school improvement grants.
(i) An amount estimated at $15,400,000.00 $35,000,000.00 for 2019-2020 2020-2021 to improve
the academic achievement of students, funded from DED-OESE, title IV, student
support and academic enrichment grants.
(2) From the federal
funds appropriated in section 11, there is allocated for
2019-2020 to districts, intermediate districts, and other eligible
entities all available federal funding, estimated at $49,100,000.00 $55,000,000.00 for 2019-2020 2020-2021 for the following programs that are funded by
federal grants:
(a) An amount estimated at $100,000.00 for 2019-2020 for acquired
immunodeficiency syndrome education grants, funded from HHS – Centers for
Disease Control and Prevention, AIDS funding.
(a) (b) An amount
estimated at $1,900,000.00 $3,000,000.00 for 2019-2020 2020-2021 to
provide services to homeless children and youth, funded from DED-OVAE, homeless
children and youth funds.
(c) An amount estimated at $4,000,000.00 for 2019-2020 to provide mental health,
substance abuse, or violence prevention services to students, funded from
HHS-SAMHSA.
(b) (d) An amount
estimated at $24,000,000.00 for 2019-20202020-2021 for providing career and technical education
services to pupils, funded from DED-OVAE, basic grants to states.
(c) (e) An amount
estimated at $14,000,000.00 for 2019-2020 2020-2021 for the Michigan charter school subgrant
program, funded from DED–OII, public charter schools program funds.
(d) (f) An amount
estimated at $5,100,000.00 $14,000,000.00 for 2019-2020 2020-2021 for the purpose of promoting and expanding
high-quality preschool services, funded from HHS–OCC, preschool development
funds.
(3) The department shall
distribute all federal funds allocated under this section in accordance with
federal law and with flexibility provisions outlined in Public Law 107-116, and
in the education flexibility partnership act of 1999, Public Law 106-25.
Notwithstanding section 17b, the department shall make payments of federal
funds to districts, intermediate districts, and other eligible entities under
this section on a schedule determined by the department.
(4) For the purposes of
applying for federal grants appropriated under this article, the department
shall allow an intermediate district to submit a consortium application on
behalf of 2 or more districts with the agreement of those districts as
appropriate according to federal rules and guidelines.
(5) For the purposes of
funding federal title I grants under this article, in addition to any other federal
grants for which the strict discipline academy is eligible, the department
shall allocate to a strict discipline academy out of title I, part A an amount
equal to what the strict discipline academy would have received if included and
calculated under title I, part D, or what it would receive under the formula
allocation under title I, part A, whichever is greater.
(6) As used in this
section:
(a) "DED"
means the United States Department of Education.
(b) "DED-OESE"
means the DED Office of Elementary and Secondary Education.
(c) "DED-OII"
means the DED Office of Innovation and Improvement.
(d) "DED-OVAE"
means the DED Office of Vocational and Adult Education.
(e) "HHS"
means the United States Department of Health and Human Services.
(f) "HHS-OCC"
means the HHS Office of Child Care.
(g) "HHS-SAMHSA" means the HHS Substance Abuse and
Mental Health Services Administration.
Sec. 41. (1) For a district or
public school academy to be eligible to receive funding under this
section, the district or public school academy must
administer to English language learners the English language proficiency
assessment known as the "WIDA ACCESS for English language learners"
or the "WIDA Alternate ACCESS". From the appropriation in section 11,
there is allocated an amount not to exceed $13,000,000.00
for 2019-2020 2020-2021 for payments to eligible districts and eligible public school academies for services for
English language learners who have been administered the WIDA ACCESS for
English language learners.
(2) The department shall
distribute funding allocated under subsection (1) to eligible districts and eligible public school academies based on the
number of full-time equivalent English language learners as follows:
(a) $900.00 per full-time equivalent
English language learner who has been assessed under the WIDA ACCESS for
English language learners or the WIDA Alternate ACCESS with a WIDA ACCESS or
WIDA Alternate ACCESS composite score between 1.0 and 1.9, or less, as
applicable to each assessment.
(b) $620.00 per full-time equivalent
English language learner who has been assessed under the WIDA ACCESS for
English language learners or the WIDA Alternate ACCESS with a WIDA ACCESS or
WIDA Alternate ACCESS composite score between 2.0 and 2.9, or less, as
applicable to each assessment.
(c) $100.00 per full-time equivalent
English language learner who has been assessed under the WIDA ACCESS for
English language learners or the WIDA Alternate ACCESS with a WIDA ACCESS or
WIDA Alternate ACCESS composite score between 3.0 and 3.9, or less, as
applicable to each assessment.
(3) If funds allocated
under subsection (1) are insufficient to fully fund the payments as prescribed
under subsection (2), the department shall prorate payments on an equal
percentage basis, with the same percentage proration applied to all funding
categories.
(4) Each district or public school academy receiving funds under
subsection (1) shall submit to the department by July 15 of each fiscal year a
report, not to exceed 10 pages, on the usage by the district or public school academy of funds under subsection
(1) in a form and manner determined by the department, including a brief
description of each program conducted or services performed by the district or public school academy using funds under subsection
(1) and the amount of funds under subsection (1) allocated to each of those
programs or services. If a district or public school
academy does not comply with this subsection, the department shall
withhold an amount equal to the August payment due under this section until the
district or public school academy complies with
this subsection. If the district or public school
academy does not comply with this subsection by the end of the state fiscal year, the withheld funds are forfeited
to the school aid fund.
(5) In order to receive
funds under this subsection (1), a district or public school academy shall must
allow access for the department or the department's designee to audit all
records related to the program for which it receives those funds. The district or public school academy shall reimburse this state
for all disallowances found in the audit.
(6) Beginning July 1,
2020, and every 3 years thereafter, the department shall review the per-pupil
distribution under subsection (2), to ensure that funding levels are
appropriate and make recommendations for adjustments to the members of the
senate and house subcommittees on K-12 school aid appropriations.
Sec. 51a. (1)
From the appropriation in section 11, there is allocated an amount not to
exceed $1,023,996,100.00 for 2019-2020 and
there is allocated an amount not to exceed $1,079,296,100.00 for 2020-2021 from
state sources and all available federal funding under sections 611 to 619 of
part B of the individuals with disabilities education act, 20 USC 1411 to 1419,
estimated at $370,000,000.00 for 2019-2020
and $375,000,000.00 for 2020-2021, plus any carryover federal
funds from previous year appropriations. The allocations under this subsection
are for the purpose of reimbursing districts and intermediate districts for
special education programs, services, and special education personnel as
prescribed in article 3 of the revised school code, MCL 380.1701 to 380.1761;
net tuition payments made by intermediate districts to the Michigan Schools for
the Deaf and Blind; and special education programs and services for pupils who
are eligible for special education programs and services according to statute
or rule. For meeting the costs of special education programs and services not
reimbursed under this article, a district or intermediate district may use
money in general funds or special education funds, not otherwise restricted, or
contributions from districts to intermediate districts, tuition payments, gifts
and contributions from individuals or other entities, or federal funds that may
be available for this purpose, as determined by the intermediate district plan
prepared under article 3 of the revised school code, MCL 380.1701 to 380.1761.
Notwithstanding section 17b, the department shall make payments of federal
funds to districts, intermediate districts, and other eligible entities under
this section on a schedule determined by the department.
(2) From the funds allocated under subsection (1), there is
allocated the amount necessary, estimated at $286,900,000.00 for 2019-2020 and estimated at $307,500,000.00 for 2020-2021, for
payments toward reimbursing districts and intermediate districts for 28.6138%
of total approved costs of special education, excluding costs reimbursed under
section 53a, and 70.4165% of total approved costs of special education
transportation. Allocations under this subsection are made as follows:
(a) The department shall calculate the initial amount
allocated to a district under this subsection toward fulfilling the specified
percentages by multiplying the district's special education pupil membership,
excluding pupils described in subsection (11), times the foundation allowance
under section 20 of the pupil's district of residence, not to exceed the target
foundation allowance for the current fiscal year, or, for a special education
pupil in membership in a district that is a public school academy, times an
amount equal to the amount per membership pupil calculated under section 20(6).
For an intermediate district, the amount allocated under this subdivision
toward fulfilling the specified percentages is an amount per special education
membership pupil, excluding pupils described in subsection (11), and is
calculated in the same manner as for a district, using the foundation allowance
under section 20 of the pupil's district of residence, not to exceed the target
foundation allowance for the current fiscal year.
(b) After the allocations under subdivision (a), the
department shall pay a district or intermediate district for which the payments
calculated under subdivision (a) do not fulfill the specified percentages the
amount necessary to achieve the specified percentages for the district or
intermediate district.
(3) From the funds allocated under subsection (1), there is
allocated for 2019-2020 an amount not to exceed $1,000,000.00 and there is allocated for 2020-2021 an amount not to exceed
$1,000,000.00 to make payments to districts and intermediate
districts under this subsection. If the amount allocated to a district or
intermediate district for a fiscal year under subsection (2)(b) is less than
the sum of the amounts allocated to the district or intermediate district for
1996-97 under sections 52 and 58, there is allocated to the district or
intermediate district for the fiscal year an amount equal to that difference,
adjusted by applying the same proration factor that was used in the distribution
of funds under section 52 in 1996-97 as adjusted to the district's or
intermediate district's necessary costs of special education used in
calculations for the fiscal year. This adjustment is to reflect reductions in
special education program operations or services between 1996-97 and subsequent
fiscal years. The department shall make adjustments for reductions in special
education program operations or services in a manner determined by the
department and shall include adjustments for program or service shifts.
(4) If the department determines that the sum of the amounts
allocated for a fiscal year to a district or intermediate district under
subsection (2)(a) and (b) is not sufficient to fulfill the specified
percentages in subsection (2), then the department shall pay the shortfall to
the district or intermediate district during the fiscal year beginning on the
October 1 following the determination and shall adjust payments under
subsection (3) as necessary. If the department determines that the sum of the
amounts allocated for a fiscal year to a district or intermediate district
under subsection (2)(a) and (b) exceeds the sum of the amount necessary to
fulfill the specified percentages in subsection (2), then the department shall
deduct the amount of the excess from the district's or intermediate district's
payments under this article for the fiscal year beginning on the October 1
following the determination and shall adjust payments under subsection (3) as
necessary. However, if the amount allocated under subsection (2)(a) in itself
exceeds the amount necessary to fulfill the specified percentages in subsection
(2), there is no deduction under this subsection.
(5) State funds are allocated on a total approved cost basis.
Federal funds are allocated under applicable federal requirements. , except that an amount not
to exceed $3,500,000.00 may be allocated by the department for 2019-2020 to
districts, intermediate districts, or other eligible entities on a competitive
grant basis for programs, equipment, and services that the department
determines to be designed to benefit or improve special education on a
statewide scale.
(6) From the amount allocated in subsection (1), there is
allocated an amount not to exceed $2,200,000.00 for 2019-2020 and there is allocated an amount not to exceed $2,200,000.00 for
2020-2021 to reimburse 100% of the net increase in necessary
costs incurred by a district or intermediate district in implementing the
revisions in the administrative rules for special education that became effective
on July 1, 1987. As used in this subsection, "net increase in necessary
costs" means the necessary additional costs incurred solely because of new
or revised requirements in the administrative rules minus cost savings
permitted in implementing the revised rules. The department shall determine net
increase in necessary costs in a manner specified by the department.
(7) For purposes of sections 51a to 58, all of the following
apply:
(a) "Total approved costs of special education" are
determined in a manner specified by the department and may include indirect
costs, but must not exceed 115% of approved direct costs for section 52 and
section 53a programs. The total approved costs include salary and other
compensation for all approved special education personnel for the program,
including payments for Social Security and Medicare and public school employee
retirement system contributions. The total approved costs do not include
salaries or other compensation paid to administrative personnel who are not special
education personnel as that term is defined in section 6 of the revised school
code, MCL 380.6. Costs reimbursed by federal funds, other than those federal
funds included in the allocation made under this article, are not included.
Special education approved personnel not utilized full time in the evaluation
of students or in the delivery of special education programs, ancillary, and
other related services are reimbursed under this section only for that portion
of time actually spent providing these programs and services, with the
exception of special education programs and services provided to youth placed
in child caring institutions or juvenile detention programs approved by the
department to provide an on-grounds education program.
(b) Beginning with the 2004-2005 fiscal year, a district or
intermediate district that employed special education support services staff to
provide special education support services in 2003-2004 or in a subsequent
fiscal year and that in a fiscal year after 2003-2004 receives the same type of
support services from another district or intermediate district shall report
the cost of those support services for special education reimbursement purposes
under this article. This subdivision does not prohibit the transfer of special
education classroom teachers and special education classroom aides if the
pupils counted in membership associated with those special education classroom
teachers and special education classroom aides are transferred and counted in
membership in the other district or intermediate district in conjunction with
the transfer of those teachers and aides.
(c) If the department determines before bookclosing for a
fiscal year that the amounts allocated for that fiscal year under subsections
(2), (3), (6), and (11) and sections 53a, 54, and 56 will exceed expenditures
for that fiscal year under subsections (2), (3), (6), and (11) and sections
53a, 54, and 56, then for a district or intermediate district whose
reimbursement for that fiscal year would otherwise be affected by subdivision
(b), subdivision (b) does not apply to the calculation of the reimbursement for
that district or intermediate district and the department shall calculate
reimbursement for that district or intermediate district in the same manner as
it was for 2003-2004. If the amount of the excess allocations under subsections
(2), (3), (6), and (11) and sections 53a, 54, and 56 is not sufficient to fully
fund the calculation of reimbursement to those districts and intermediate
districts under this subdivision, then the department shall prorate
calculations and resulting reimbursement under this subdivision on an equal
percentage basis. Beginning in 2015-2016, the amount of reimbursement under
this subdivision for a fiscal year must not exceed $2,000,000.00 for any
district or intermediate district.
(d) Reimbursement for ancillary and other related services,
as defined by R 340.1701c of the Michigan Administrative Code, is not provided
when those services are covered by and available through private group health
insurance carriers or federal reimbursed program sources unless the department
and district or intermediate district agree otherwise and that agreement is
approved by the state budget director. Expenses, other than the incidental
expense of filing, must not be borne by the parent. In addition, the filing of
claims must not delay the education of a pupil. A district or intermediate
district is responsible for payment of a deductible amount and for an advance
payment required until the time a claim is paid.
(e) Beginning with calculations for 2004-2005, if an
intermediate district purchases a special education pupil transportation
service from a constituent district that was previously purchased from a
private entity; if the purchase from the constituent district is at a lower
cost, adjusted for changes in fuel costs; and if the cost shift from the
intermediate district to the constituent does not result in any net change in
the revenue the constituent district receives from payments under sections 22b
and 51c, then upon application by the intermediate district, the department
shall direct the intermediate district to continue to report the cost
associated with the specific identified special education pupil transportation
service and shall adjust the costs reported by the constituent district to
remove the cost associated with that specific service.
(8) A pupil who is enrolled in a full-time special education
program conducted or administered by an intermediate district or a pupil who is
enrolled in the Michigan schools for the deaf and
blind Schools for the Deaf and
Blind is not included in the membership count of a district, but
is counted in membership in the intermediate district of residence.
(9) Special education personnel transferred from 1 district
to another to implement the revised school code are entitled to the rights,
benefits, and tenure to which the person would otherwise be entitled had that
person been employed by the receiving district originally.
(10) If a district or intermediate district uses money
received under this section for a purpose other than the purpose or purposes
for which the money is allocated, the department may require the district or
intermediate district to refund the amount of money received. The department
shall deposit money that is refunded in the state treasury to the credit of the
state school aid fund.
(11) From the funds allocated in subsection (1), there is
allocated the amount necessary, estimated at $3,100,000.00 for 2019-2020 and estimated at $3,000,000.00 for 2020-2021, to pay
the foundation allowances for pupils described in this subsection. The
department shall calculate the allocation to a district under this subsection
by multiplying the number of pupils described in this subsection who are
counted in membership in the district times the sum of the foundation allowance
under section 20 of the pupil's district of residence not to exceed the target
foundation allowance for the current fiscal year, or, for a pupil described in
this subsection who is counted in membership in a district that is a public
school academy, times an amount equal to the amount per membership pupil under
section 20(6). The department shall calculate the allocation to an intermediate
district under this subsection in the same manner as for a district, using the
foundation allowance under section 20 of the pupil's district of residence not
to exceed the target foundation allowance for the current fiscal year. This
subsection applies to all of the following pupils:
(a) Pupils described in section 53a.
(b) Pupils counted in membership in an intermediate district
who are not special education pupils and are served by the intermediate
district in a juvenile detention or child caring facility.
(c) Pupils with an emotional impairment counted in membership
by an intermediate district and provided educational services by the department
of health and human services.
(12) If it is determined that funds allocated under
subsection (2) or (11) or under section 51c will not be expended, funds up to the
amount necessary and available may be used to supplement the allocations under
subsection (2) or (11) or under section 51c in order to fully fund those
allocations. After payments under subsections (2) and (11) and section 51c, the
department shall expend the remaining funds from the allocation in subsection
(1) in the following order:
(a) 100% of the reimbursement required under section 53a.
(b) 100% of the reimbursement required under subsection (6).
(c) 100% of the payment required under section 54.
(d) 100% of the payment required under subsection (3).
(e) 100% of the payments under section 56.
(13) The allocations under subsections (2), (3), and (11) are
allocations to intermediate districts only and are not allocations to
districts, but instead are calculations used only to determine the state
payments under section 22b.
(14) If a public school academy that is not a cyber school,
as that term is defined in section 551 of the revised school code, MCL 380.551,
enrolls under this section a pupil who resides outside of the intermediate
district in which the public school academy is located and who is eligible for
special education programs and services according to statute or rule, or who is
a child with disabilities, as defined under the individuals with disabilities
education act, Public Law 108-446, the intermediate district in which the
public school academy is located and the public school academy shall enter into
a written agreement with the intermediate district in which the pupil resides
for the purpose of providing the pupil with a free appropriate public
education, and the written agreement must include at least an agreement on the
responsibility for the payment of the added costs of special education programs
and services for the pupil. If the public school academy that enrolls the pupil
does not enter into an agreement under this subsection, the public school
academy shall not charge the pupil's resident intermediate district or the
intermediate district in which the public school academy is located the added
costs of special education programs and services for the pupil, and the public
school academy is not eligible for any payouts based on the funding formula
outlined in the resident or nonresident intermediate district's plan. If a
pupil is not enrolled in a public school academy under this subsection, the
provision of special education programs and services and the payment of the
added costs of special education programs and services for a pupil described in
this subsection are the responsibility of the district and intermediate
district in which the pupil resides.
(15) For the purpose of receiving its federal allocation
under part B of the individuals with disabilities education act, Public Law
108-446, a public school academy that is a cyber school, as that term is
defined in section 551 of the revised school code, MCL 380.551, and is in
compliance with section 553a of the revised school code, MCL 380.553a, directly
receives the federal allocation under part B of the individuals with disabilities
education act, Public Law 108-446, from the intermediate district in which the
cyber school is located, as the subrecipient. If the intermediate district does
not distribute the funds described in this subsection to the cyber school by
the part B application due date of July 1, the department may distribute the
funds described in this subsection directly to the cyber school according to
the formula prescribed in 34 CFR 300.705 and 34 CFR 300.816.
(16) For a public school academy that is a cyber school, as
that term is defined in section 551 of the revised school code, MCL 380.551,
and is in compliance with section 553a of the revised school code, MCL
380.553a, that enrolls a pupil under this section, the intermediate district in
which the cyber school is located shall ensure that the cyber school complies
with sections 1701a, 1703, 1704, 1751, 1752, 1756, and 1757 of the revised
school code, MCL 380.1701a, 380.1703, 380.1704, 380.1751, 380.1752, 380.1756,
and 380.1757; applicable rules; and the individuals with disabilities education
act, Public Law 108-446.
(17) For the purposes of this section, the department or the
center shall only require a district or intermediate district to report
information that is not already available from the financial information
database maintained by the center.
Sec. 51c. As
required by the court in the consolidated cases known as Durant v State of
Michigan, 456 Mich 175 (1997), from the
allocation under section 51a(1), there is allocated for 2019-2020 and for 2020-2021, the amount necessary, estimated at
$678,600,000.00 for 2019-2020 and $713,400,000.00 for
2020-2021, for payments to reimburse districts for 28.6138% of total
approved costs of special education excluding costs reimbursed under section
53a, and 70.4165% of total approved costs of special education transportation. Funds allocated under this section that are not expended in the
fiscal year for which they were allocated, as determined by the department, may
be used to supplement the allocations under sections 22a and 22b to fully fund
those allocations for the same fiscal year. For each fund transfer as described
in the immediately preceding sentence that occurs, the state budget director
shall send notification of the transfer to the house and senate appropriations
subcommittees on state school aid and the house and senate fiscal agencies by
not later than 14 calendar days after the transfer occurs.
Sec. 51d. (1) From the federal funds appropriated in section
11, there is allocated for 2019-2020 2020-2021 all available federal funding, estimated at $61,000,000.00, $71,000,000.00 for
special education programs and services that are funded by federal grants. The
department shall distribute all federal funds allocated under this section in
accordance with federal law. Notwithstanding section 17b, the department shall
make payments of federal funds to districts, intermediate districts, and other
eligible entities under this section on a schedule determined by the
department.
(2) From the federal
funds allocated under subsection (1), the following amounts are allocated for 2019-2020:2020-2021:
(a) An amount estimated
at $14,000,000.00 for handicapped infants and toddlers, funded from DED-OSERS,
handicapped infants and toddlers funds.
(b) An amount estimated
at $12,000,000.00 $14,000,000.00
for preschool grants (Public Law 94-142), funded from DED-OSERS,
handicapped preschool incentive funds.
(c) An amount estimated
at $35,000,000.00 $43,000,000.00
for special education programs funded by DED-OSERS, handicapped program,
individuals with disabilities act funds.
(3) As used in this
section, "DED-OSERS" means the United States Department of Education
Office of Special Education and Rehabilitative Services.
Sec. 51f. (1) From the funds appropriated under section 11,
there is allocated for 2019-2020 2020-2021 an amount not to exceed $60,207,000.00 for
payments to districts and intermediate districts to increase the level of
reimbursement of costs associated with providing special education services
required under state and federal law.
(2) A district's or
intermediate district's allocation under this section is equal to the level
percentage multiplied by each district's or intermediate district's costs
reported to the center on the special education actual cost report, known as
"SE-4096" as referred to under section 18(6), as approved by the
department.
(3) The total
reimbursement under this section and under section 51c must not exceed the
total reported costs for a district or intermediate district.
(4) For 2019-2020, 2020-2021, the
level percentage is estimated at 2.0%.
(5) For the purposes of
this section, "level percentage" means the percentage calculated by
dividing the allocation in subsection (1) by the total of costs reported to the
center on the special education actual cost report, known as
"SE-4096" as referred to under section 18(6), as approved by the
department.
Sec. 53a. (1) For districts, reimbursement for pupils
described in subsection (2) is 100% of the total approved costs of operating
special education programs and services approved by the department and included
in the intermediate district plan adopted pursuant to under article 3 of the revised school code, MCL 380.1701
to 380.1761, minus the district's foundation allowance calculated under section
20. For intermediate districts, the department shall calculate reimbursement
for pupils described in subsection (2) in the same manner as for a district,
using the foundation allowance under section 20 of the pupil's district of
residence, not to exceed the target foundation allowance under section 20 for
the current fiscal year.
(2) Reimbursement under
subsection (1) is for the following special education pupils:
(a) Pupils assigned to a
district or intermediate district through the community placement program of
the courts or a state agency, if the pupil was a resident of another
intermediate district at the time the pupil came under the jurisdiction of the
court or a state agency.
(b) Pupils who are
residents of institutions operated by the department of health and human
services.
(c) Pupils who are
former residents of department of community health institutions for the
developmentally disabled who are placed in community settings other than the
pupil's home.
(d) Pupils enrolled in a
department-approved on-grounds educational program longer than 180 days, but
not longer than 233 days, at a residential child care institution, if the child
care institution offered in 1991-92 an on-grounds educational program longer
than 180 days but not longer than 233 days.
(e) Pupils placed in a
district by a parent for the purpose of seeking a suitable home, if the parent
does not reside in the same intermediate district as the district in which the
pupil is placed.
(3) Only those costs
that are clearly and directly attributable to educational programs for pupils
described in subsection (2), and that would not have been incurred if the
pupils were not being educated in a district or intermediate district, are
reimbursable under this section.
(4) The costs of transportation
are funded under this section and are not reimbursed under section 58.
(5) The department shall
not allocate more than $10,500,000.00 of the allocation for 2019-2020 2020-2021 in section 51a(1) under this section.
Sec. 54. Each intermediate district receives an amount
per-pupil for each pupil in attendance at the Michigan schools for the deaf and blind. Schools for the Deaf and Blind. The amount is
proportionate to the total instructional cost at each school. The department
shall not allocate more than $1,688,000.00 of the allocation for 2019-2020 2020-2021 in section 51a(1) under this section.
Sec. 54b. (1) From the general fund appropriation
money appropriated in section 11, there is
allocated an amount not to exceed $1,600,000.00
for 2019-2020 2020-2021 to continue the implementation of the
recommendations of the special education reform task force published in January
2016.
(2) The department shall
use funds allocated under this section for the purpose of piloting statewide
implementation of the Michigan Integrated Behavior and Learning Support
Initiative (MiBLSI), a nationally recognized program that includes positive
behavioral intervention and supports and provides a statewide structure to
support local initiatives for an integrated behavior and reading program. With
the assistance of the intermediate districts involved in MiBLSI, the department
shall identify a number of intermediate districts to participate in the pilot
that is sufficient to ensure that MiBLSI can be implemented statewide with
fidelity and sustainability. In addition, the department shall identify an
intermediate district to act as a fiscal agent for these funds.
Sec. 54d. (1) From the appropriations in section 11, there is
allocated an amount not to exceed $7,150,000.00
for 2019-2020 2020-2021 to intermediate districts for the purpose of
providing state early on services pilot programs
for children from birth to 3 years of age with a developmental delay or a
disability, or both, and their families, as described in the early on Michigan
state plan, as approved by the department.
(2) To be eligible to
receive grant funding under this section, each intermediate district shall must apply in a
form and manner determined by the department.
(3) The grant funding
allocated under this section must be used to increase early on services and
resources available to children that demonstrate developmental delays to help
prepare them for success as they enter school. State early on services include
evaluating and providing early intervention services for eligible infants and
toddlers and their families to address developmental delays, including those
affecting physical, cognitive, communication, adaptive, social, or emotional
development. Grant funds must not be used to supplant existing services that
are currently being provided.
(4) The department shall
distribute the funds allocated under subsection (1) to intermediate districts
according to the department's early on funding formula utilized to distribute
the federal award to Michigan under part C of the individuals with disabilities
education act. Funds received under this section must not supplant existing
funds or resources allocated for early on early intervention services. An
intermediate district receiving funds under this section shall maximize the
capture of Medicaid funds to support early on early intervention services to
the extent possible.
(5) Each intermediate
district that receives funds under this section shall report data and other
information to the department in a form, manner, and frequency prescribed by
the department to allow for monitoring and evaluation of the pilot projects program and
to ensure that the children described in subsection (1) received appropriate
levels and types of services delivered by qualified personnel, based on the
individual needs of the children and their families.
(6) Notwithstanding
section 17b, the department shall make payments under this section on a
schedule determined by the department.
Sec. 55. (1) From
the general fund money appropriated in section 11, there is allocated an amount
not to exceed $250,000.00 for 2018-2019 2020-2021 to the Conductive Learning Center located
at Aquinas College. This funding must be used to support the operational costs
of the conductive education model taught at the Conductive Learning Center to
maximize the independence and mobility of children and adults with neuromotor
disabilities. The conductive education model funded under this section must be
based on the concept of neuroplasticity and the ability of people to learn and
improve when they are motivated, regardless of the severity of their
disability.
(2) Notwithstanding section 17b, the department shall distribute the funding allocated under this section to the Conductive Learning Center not later than December 1, 2018.2020.
Sec. 56. (1) For the purposes of this section:
(a)
"Membership" means for a particular fiscal year the total membership
for the immediately preceding fiscal year of the intermediate district and the
districts constituent to the intermediate district.
(b) "Millage
levied" means the millage levied for special education pursuant to under part
30 of the revised school code, MCL 380.1711 to 380.1741, including a levy for
debt service obligations.
(c) "Taxable
value" means the total taxable value of the districts constituent to an
intermediate district, except that if a district has elected not to come under
part 30 of the revised school code, MCL 380.1711 to 380.1741, membership and
taxable value of the district are not included in the membership and taxable
value of the intermediate district.
(2) From the allocation
under section 51a(1), there is allocated $40,008,100.00
for 2018-2019 2019-2020 and an amount not to exceed $40,008,100.00 for 2019-2020 2020-2021 to
reimburse intermediate districts levying millages for special education pursuant to under part
30 of the revised school code, MCL 380.1711 to 380.1741. The purpose, use, and
expenditure of the reimbursement are limited as if the funds were generated by
these millages and governed by the intermediate district plan adopted pursuant to under article
3 of the revised school code, MCL 380.1701 to 380.1761. As a condition of
receiving funds under this section, an intermediate district distributing any
portion of special education millage funds to its constituent districts shall must submit for departmental
approval and implement a distribution plan.
(3) Except as otherwise
provided in this subsection, reimbursement for those millages levied in 2017-2018 2018-2019 is
made in 2018-2019 2019-2020
at an amount per 2017-2018 2018-2019 membership pupil computed by subtracting from $193,900.00 $201,700.00 the
2017-2018 2018-2019 taxable
value behind each membership pupil and multiplying the resulting difference by
the 2017-2018 2018-2019 millage
levied, and then subtracting from that amount the 2017-2018
2018-2019 local community stabilization
share revenue for special education purposes behind each membership pupil for
reimbursement of personal property exemption loss under the local community
stabilization authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
Reimbursement in 2018-2019 2019-2020 for an intermediate district whose 2017-2018
allocation was affected by the operation of subsection (5) is an amount equal
to 102.5% of the 2017-2018 allocation to that intermediate district.
(4) Except as otherwise
provided in this subsection, reimbursement for those millages levied in 2018-2019 2019-2020 is
made in 2019-2020 2020-2021
at an amount per 2018-2019 2019-2020 membership pupil computed by subtracting from $201,800.00 $209,000.00 the
2018-2019 2019-2020 taxable
value behind each membership pupil and multiplying the resulting difference by
the 2018-2019 2019-2020 millage
levied, and then subtracting from that amount the 2018-2019
2019-2020 local community stabilization
share revenue for special education purposes behind each membership pupil for
reimbursement of personal property exemption loss under the local community
stabilization authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
Reimbursement in 2019-2020 2020-2021 for an intermediate district whose 2017-2018
allocation was affected by the operation of subsection (5) is an amount equal
to 102.5% of the 2017-2018 allocation to that intermediate district.
(5) The department shall
ensure that the amount paid to a single intermediate district under this section
does not exceed 62.9% of the total amount allocated under subsection (2).
(6) The department shall
ensure that the amount paid to a single intermediate district under this
section is not less than 75% of the amount allocated to the intermediate
district under this section for the immediately preceding fiscal year.
Sec. 61a. (1) From
the state school aid fund money appropriated in section 11, there is allocated
an amount not to exceed $27,893,500.00 $37,611,300.00 for 2019-2020,
2020-2021 and from the talent investment fund money
appropriated in section 11, there is allocated an amount not to exceed
$9,717,800.00 for 2019-2020, to reimburse on an added cost basis
districts, except for a district that served as the fiscal agent for a
vocational education consortium in the 1993-94 school year and that has a
foundation allowance as calculated under section 20 greater than the minimum
foundation allowance under that section, and secondary area
vocational-technical education centers for secondary-level career and technical
education programs according to rules approved by the superintendent.
Applications for participation in the programs must be submitted in the form
prescribed by the department. The department shall determine the added cost for
each career and technical education program area. The department shall
prioritize the allocation of added cost funds based on the capital and program
expenditures needed to operate the career and technical education programs
provided; the number of pupils enrolled; the advancement of pupils through the
instructional program; the existence of an articulation agreement with at least
1 postsecondary institution that provides pupils with opportunities to earn
postsecondary credit during the pupil's participation in the career and
technical education program and transfers those credits to the postsecondary
institution upon completion of the career and technical education program; and
the program rank in student placement, job openings, and wages, and shall
ensure that the allocation does not exceed 75% of the added cost of any
program. Notwithstanding any rule or department determination to the contrary,
when determining a district's allocation or the formula for making allocations
under this section, the department shall include the participation of pupils in
grade 9 in all of those determinations and in all portions of the formula. With
the approval of the department, the board of a district maintaining a secondary
career and technical education program may offer the program for the period
from the close of the school year until September 1. The program shall use
existing facilities and must be operated as prescribed by rules promulgated by
the superintendent.
(2) Except for a district that served as the fiscal agent for
a vocational education consortium in the 1993-94 school year, the department
shall reimburse districts and intermediate districts for local career and
technical education administration, shared time career and technical education
administration, and career education planning district career and technical
education administration. The superintendent shall adopt guidelines for the
definition of what constitutes administration and shall make reimbursement
pursuant to those guidelines. The department shall not distribute more than
$800,000.00 of the allocation in subsection (1) under this subsection.
(3) A career and technical education program funded under
this section may provide an opportunity for participants who are eligible to be
funded under section 107 to enroll in the career and technical education
program funded under this section if the participation does not occur during
regular school hours.
Sec. 61b. (1) From the funds appropriated under section 11,
there is allocated for 2019-2020 2020-2021 an amount not to exceed $8,000,000.00 from the
state school aid fund appropriation for CTE early/middle college and CTE dual
enrollment programs authorized under this section and for planning grants for
the development or expansion of CTE early/middle college programs. The purpose
of these programs is to increase the number of Michigan residents with
high-quality degrees or credentials, and to increase the number of students who
are college and career ready upon high school graduation.
(2) From the funds
allocated under subsection (1), the department shall allocate an amount as
determined under this subsection to each intermediate district serving as a
fiscal agent for state-approved CTE early/middle college and CTE dual
enrollment programs in each of the prosperity regions
and subregions career education planning districts
identified by the department. An intermediate district shall not use
more than 5% of the funds allocated under this subsection for administrative
costs for serving as the fiscal agent.
(3) To be an eligible
fiscal agent, an intermediate district must agree to do all of the following in
a form and manner determined by the department:
(a) Distribute funds to
eligible CTE early/middle college and CTE dual enrollment programs in a prosperity region or subregion career
education planning district as described in this section.
(b) Collaborate with the
career and educational advisory council that is
located in the prosperity region or subregion in
the workforce development board service delivery area to develop a 1 regional strategic
plan under subsection (4) that aligns CTE programs and services into an
efficient and effective delivery system for high school students. The department will align career education planning districts,
workforce development board service delivery areas, and intermediate districts
for the purpose of creating 1 regional strategic plan for each workforce
development board service delivery area.
(c) Implement a regional
process to rank career clusters in the prosperity
region or subregion workforce development board
service delivery area as described under subsection (4). Regional
processes must be approved by the department before the ranking of career
clusters.
(d) Report CTE
early/middle college and CTE dual enrollment program and student data and
information as prescribed by the department and the center.
(4) A regional strategic
plan must be approved by the career and educational advisory council before submission to the department. A regional strategic plan must include, but is not limited
to, the following:
(a) An identification of
regional employer need based on a ranking of all career clusters in the prosperity region or subregion workforce
development board service delivery area ranked by 10-year job openings
projections and median wage for each standard occupational code in each career
cluster as obtained from the United States Bureau of Labor Statistics. Standard
occupational codes within high-ranking clusters also may be further ranked by
median wage. The career and educational advisory council located in the prosperity region or subregion workforce
development board service delivery area shall review the rankings and
modify them if necessary to accurately reflect employer demand for talent in
the prosperity region or subregion. workforce development board service delivery area. A
career and educational advisory council shall document that it has conducted
this review and certify that it is accurate. These career cluster rankings must
be determined and updated once every 4 years.
(b) An identification of
educational entities in the prosperity region or
subregion workforce development board service
delivery area that will provide eligible CTE early/middle college and
CTE dual enrollment programs including districts, intermediate districts,
postsecondary institutions, and noncredit occupational training programs
leading to an industry-recognized credential.
(c) A strategy to inform
parents and students of CTE early/middle college and CTE dual enrollment
programs in the prosperity region or subregion.workforce development board service delivery area.
(d) Any other
requirements as defined by the department.
(5) An eligible CTE
program is a program that meets all of the following:
(a) Has been identified
in the highest 5 career cluster rankings in any of the 10 regional 16 workforce
development board service delivery area strategic plans jointly approved
by the Michigan talent investment agency in the department
of labor and economic opportunity and the department.
(b) Has a coherent
sequence of courses that will allow a student to earn a high school diploma and
achieve at least 1 of the following in a specific career cluster:
(i) An associate degree.
(ii) An industry-recognized technical certification approved by the Michigan talent investment agency in the
department of labor and economic opportunity.
(iii) Up to 60 transferable college credits.
(iv) Participation in a registered apprenticeship, pre-apprenticeship,
or apprentice readiness program.
(c) Is aligned with the
Michigan merit curriculum.
(d) Has an articulation
agreement with at least 1 postsecondary institution that provides students with
opportunities to receive postsecondary credits during the student's
participation in the CTE early/middle college or CTE dual enrollment program
and transfers those credits to the postsecondary institution upon completion of
the CTE early/middle college or CTE dual enrollment program.
(e) Provides instruction
that is supervised, directed, or coordinated by an appropriately certificated
CTE teacher or, for concurrent enrollment courses, a postsecondary faculty
member.
(f) Provides for highly
integrated student support services that include at least the following:
(i) Teachers as academic advisors.
(ii) Supervised course selection.
(iii) Monitoring of student progress and completion.
(iv) Career planning services provided by a local one-stop
service center as described in the Michigan Works! works one-stop service center system act, 2006 PA 491,
MCL 408.111 to 408.135, or by a high school counselor or advisor.
(g) Has courses that are
taught on a college campus, are college courses offered at the high school and
taught by college faculty, or are courses taught in combination with online
instruction.
(6) The department shall
distribute funds to eligible CTE early/middle college and CTE dual enrollment
programs as follows:
(a) The department shall
determine statewide average CTE costs per pupil for each CIP code program by
calculating statewide average costs for each CIP code program for the 3 most
recent fiscal years.
(b) The distribution to
each eligible CTE early/middle college or CTE dual enrollment program is the
product of 50% of CTE costs per pupil times the current
year pupil enrollment of each eligible CTE early/middle college or CTE
dual enrollment program in the immediately preceding
school year.
(7) In order to receive
funds under this section, a CTE early/middle college or CTE dual enrollment
program shall furnish to the intermediate district that is the fiscal agent
identified in subsection (2), in a form and manner determined by the
department, all information needed to administer this program and meet federal
reporting requirements; shall allow the department or the department's designee
to review all records related to the program for which it receives funds; and
shall reimburse the state for all disallowances found in the review, as
determined by the department.
(8) There is allocated
for 2019-2020 2020-2021 from
the funds under subsection (1) an amount not to exceed $500,000.00 from the state school
aid fund allocation for grants to intermediate districts or consortia of
intermediate districts for the purpose of planning for new or expanded early/middle
college programs. Applications for grants must be submitted in a form and
manner determined by the department. The amount of a grant under this
subsection must not exceed $150,000.00. $50,000.00. To be eligible for a grant under this
subsection, an intermediate district or consortia of intermediate districts
must provide matching funds equal to the grant received under this subsection.
Notwithstanding section 17b, the department shall make payments under this
subsection in the manner determined by the department.
(9) Funds distributed
under this section may be used to fund program expenditures that would
otherwise be paid from foundation allowances. A program receiving funding under
section 61a may receive funding under this section for allowable costs that
exceed the reimbursement the program received under section 61a. The combined
payments received by a program under section 61a and this section must not
exceed the total allowable costs of the program. A program provider shall not
use more than 5% of the funds allocated under this section to the program for
administrative costs.
(10) If the allocation
under subsection (1) is insufficient to fully fund payments as otherwise
calculated under this section, the department shall prorate payments under this
section on an equal percentage basis.
(11) If pupils enrolled
in a career cluster in an eligible CTE early/middle college or CTE dual
enrollment program qualify to be reimbursed under this section, those pupils
continue to qualify for reimbursement until graduation, even if the career
cluster is no longer identified as being in the highest 5 career cluster
rankings.
(12) As used in this
section:
(a) "Allowable
costs" means those costs directly attributable to the program as jointly
determined by the Michigan talent investment agency department of labor and economic opportunity and the
department.
(b) "Career and
educational advisory council" means an advisory council to the local
workforce development boards located in a prosperity
region workforce development board service
delivery area consisting of educational, employer, labor, and parent
representatives.
(c) "CIP"
means classification of instructional programs.
(d) "CTE"
means career and technical education programs.
(e) "CTE dual
enrollment program" means a 4-year high school program of postsecondary
courses offered by eligible postsecondary educational institutions that leads
to an industry-recognized certification or degree.
(f) "Early/middle
college program" means a 5-year high school program.
(g) "Eligible
postsecondary educational institution" means that term as defined in
section 3 of the career and technical preparation act, 2000 PA 258, MCL
388.1903.
(13) The funds allocated under subsection (8) for 2019-2020
are a work project appropriation, and any unexpended funds for 2019-2020 are
carried forward into 2020-2021. The purpose of the work project is to continue
providing CTE opportunities described in subsection (8). The estimated
completion date of the work project is September 30, 2021.
Sec. 61d. (1)
From the appropriation in section 11, there is allocated for 2019-2020 2020-2021
an amount not to exceed $5,000,000.00 from the state school aid
fund for additional payments to districts for career and technical education
programs for the purpose of increasing the number of Michigan residents with
high-quality degrees or credentials, and to increase the number of pupils who
are college- and career-ready upon high school graduation.
(2) The department shall calculate payments to districts
under this section in the following manner:
(a) A payment of $50.00
$35.00 multiplied by the number
of pupils in grades 9 to 12 who are counted in membership in the district and
are enrolled in at least 1 career and technical education program.
(b) An additional payment of $50.00
$35.00 multiplied by the number
of pupils in grades 9 to 12 who are counted in membership in the district and
are enrolled in at least 1 career and technical education program that provides
instruction in critical skills and high-demand career fields.
(3) If the allocation under subsection (1) is insufficient to
fully fund payments under subsection (2), the department shall prorate payments
under this section on an equal per-pupil basis.
(4) As used in this section:
(a) "Career and technical education program" means
a state-approved career and technical education program, as determined by the
department.
(b) "Career and technical education program that
provides instruction in critical skills and high-demand career field"
means a career and technical education program classified under any of the
following 2-digit classification of instructional programs (CIP) codes:
(i) 01, which refers to
"agriculture, agriculture operations, and related sciences".
(ii) 03, which refers to "natural resources and
conservation".
(iii) 10 through 11, which refers to "communications
technologies/technicians and support services" and "computer and
information sciences and support services".
(iv) 14 through 15, which refers to "engineering" and
"engineering technologies and engineering-related fields".
(v) 26, which refers to "biological and biomedical
sciences".
(vi) 46 through 48, which refers to "construction
trades", "mechanic and repair technologies/technicians", and
"precision production".
(vii) 51, which refers to "health professions and related
programs".
Sec. 62. (1) For the purposes of this section:
(a)
"Membership" means for a particular fiscal year the total membership
for the immediately preceding fiscal year of the intermediate district and the
districts constituent to the intermediate district or the total membership for
the immediately preceding fiscal year of the area vocational-technical program.
(b) "Millage
levied" means the millage levied for area vocational-technical education pursuant to under sections
681 to 690 of the revised school code, MCL 380.681 to 380.690, including a levy
for debt service obligations incurred as the result of borrowing for capital
outlay projects and in meeting capital projects fund requirements of area vocational-technical
education.
(c) "Taxable
value" means the total taxable value of the districts constituent to an
intermediate district or area vocational-technical education program, except
that if a district has elected not to come under sections 681 to 690 of the
revised school code, MCL 380.681 to 380.690, the membership and taxable value
of that district are not included in the membership and taxable value of the
intermediate district. However, the membership and taxable value of a district
that has elected not to come under sections 681 to 690 of the revised school
code, MCL 380.681 to 380.690, are included in the membership and taxable value
of the intermediate district if the district meets both of the following:
(i) The district operates the area vocational-technical
education program pursuant to a contract with the intermediate district.
(ii) The district contributes an annual amount to the operation
of the program that is commensurate with the revenue that would have been
raised for operation of the program if millage were levied in the district for
the program under sections 681 to 690 of the revised school code, MCL 380.681
to 380.690.
(2) From the
appropriation in section 11, there is allocated an amount not to exceed $9,190,000.00 each
fiscal year for 2018-2019 and for 2019-2020 and for 2020-2021 to reimburse intermediate districts
and area vocational-technical education programs established under section
690(3) of the revised school code, MCL 380.690, levying millages for area
vocational-technical education pursuant to under sections 681 to 690 of the revised school code,
MCL 380.681 to 380.690. The purpose, use, and expenditure of the reimbursement
are limited as if the funds were generated by those millages.
(3) Reimbursement for
those millages levied in 2017-2018 2018-2019 is made in 2018-2019 2019-2020 at an amount per 2017-2018
2018-2019 membership pupil computed by
subtracting from $205,700.00 $210,800.00 the 2017-2018 2018-2019 taxable value behind each membership pupil and
multiplying the resulting difference by the 2017-2018 2018-2019 millage levied, and then subtracting from that
amount the 2017-2018 2018-2019
local community stabilization share revenue for area vocational
technical education behind each membership pupil for reimbursement of personal
property exemption loss under the local community stabilization authority act,
2014 PA 86, MCL 123.1341 to 123.1362.
(4) Reimbursement for
those millages levied in 2018-2019 2019-2020 is made in 2019-2020 2020-2021 at an amount per 2018-2019
2019-2020 membership pupil computed by
subtracting from $211,000.00 $218,800.00 the 2018-2019 2019-2020 taxable value behind each membership pupil and
multiplying the resulting difference by the 2018-2019 2019-2020 millage levied, and then subtracting from that
amount the 2018-2019 2019-2020
local community stabilization share revenue for area vocational
technical education behind each membership pupil for reimbursement of personal
property exemption loss under the local community stabilization authority act,
2014 PA 86, MCL 123.1341 to 123.1362.
(5) The department shall
ensure that the amount paid to a single intermediate district under this
section does not exceed 38.4% of the total amount allocated under subsection
(2).
(6) The department shall
ensure that the amount paid to a single intermediate district under this
section is not less than 75% of the amount allocated to the intermediate
district under this section for the immediately preceding fiscal year.
Sec. 65. (1) From the appropriation under section 11, there
is allocated an amount not to exceed $400,000.00
for 2019-2020 2020-2021 for a pre-college engineering K-12 educational
program that is focused on the development of a diverse future Michigan
workforce, that serves multiple communities within southeast Michigan, that
enrolls pupils from multiple districts, and that received funds appropriated
for this purpose in the appropriations act that provided the Michigan strategic
fund budget for 2014-2015.
(2) To be eligible for
funding under this section, a program must have the ability to expose pupils
to, and motivate and prepare pupils for, science, technology, engineering, and
mathematics careers and postsecondary education with special attention given to
groups of pupils who are at-risk and underrepresented in technical professions
and careers.
Sec. 67. (1) From the general fund amount
money appropriated in section 11, there is
allocated an amount not to exceed $3,000,000.00
for 2019-2020 2020-2021 for college access programs. The programs
funded under this section are intended to inform students of college and career
options and to provide resources intended to increase the number of pupils who
are adequately prepared with the information needed to make informed decisions
on college and career. The funds appropriated under this section are intended
to be used to increase the number of Michigan residents with high-quality
degrees or credentials. Funds appropriated under this section must not be used
to supplant funding for counselors already funded by districts.
(2) The talent investment agency of the department of labor
and economic opportunity shall administer funds allocated under this section in
collaboration with the Michigan college access network. These funds may be used
for any of the following purposes:
(a) Michigan college
access network operations, programming, and services to local college access
networks.
(b) Local college access
networks, which are community-based college access/success partnerships
committed to increasing the college participation and completion rates within
geographically defined communities through a coordinated strategy.
(c) The Michigan college
advising program, a program intended to place trained, recently graduated
college advisors in high schools that serve significant numbers of low-income
and first-generation college-going pupils. State funds used for this purpose
may not exceed 33% of the total funds available under this subsection.
(d) Subgrants of up to
$5,000.00 to districts with comprehensive high schools that establish a college
access team and implement specific strategies to create a college-going culture
in a high school in a form and manner approved by the Michigan college access
network and the Michigan talent investment agency.department of labor and economic opportunity.
(e) The Michigan college
access portal, an online one-stop portal to help pupils and families plan and
apply for college.
(f) Public awareness and
outreach campaigns to encourage low-income and first-generation college-going
pupils to take necessary steps toward college and to assist pupils and families
in completing a timely and accurate free application for federal student aid.
(g) Subgrants to
postsecondary institutions to recruit, hire, and train college student mentors
and college advisors to assist high school pupils in navigating the
postsecondary planning and enrollment process.
(3) For the purposes of
this section, "college" means any postsecondary educational
opportunity that leads to a career, including, but not limited to, a
postsecondary degree, industry-recognized technical certification, or
registered apprenticeship.
Sec. 67a. (1) From the general fund money appropriated under section 11, there is allocated an amount not to exceed $50,000.00 for 2020-2021 for a grant to be distributed by the department to an organization to provide industrial and technological education and workforce preparation for students and professional development opportunities and support for teachers.
(2) Notwithstanding section 17b, the department shall make grant payments under this section on a schedule determined by the department.
Sec. 74. (1) From the amount appropriated in section 11,
there is allocated an amount not to exceed $3,772,900.00
$3,814,500.00 for 2019-2020
2020-2021 for the purposes of this section.
(2) From the allocation
in subsection (1), there is allocated for each fiscal
year 2020-2021 the amount necessary for
payments to state supported colleges or universities and intermediate districts
providing school bus driver safety instruction under section 51 of the pupil
transportation act, 1990 PA 187, MCL 257.1851. The department shall make
payments in an amount determined by the department not to exceed the actual
cost of instruction and driver compensation for each public or nonpublic school
bus driver attending a course of instruction. For the purpose of computing
compensation, the hourly rate allowed each school bus driver must not exceed
the hourly rate received for driving a school bus. The department shall make
reimbursement compensating the driver during the course of instruction to the
college or university or intermediate district providing the course of
instruction.
(3) From the allocation
in subsection (1), there is allocated for 2019-2020 2020-2021 the amount necessary to pay the reasonable
costs of nonspecial education auxiliary services transportation provided under
section 1323 of the revised school code, MCL 380.1323. Districts funded under
this subsection do not receive funding under any other section of this article
for nonspecial education auxiliary services transportation.
(4) From the funds
allocated in subsection (1), there is allocated an amount not to exceed $1,747,900.00 $1,789,500.00 for
2019-2020 2020-2021 for
reimbursement to districts and intermediate districts for costs associated with
the inspection of school buses and pupil transportation vehicles by the
department of state police as required under section 715a of the Michigan
vehicle code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil
transportation act, 1990 PA 187, MCL 257.1839. The department of state police
shall prepare a statement of costs attributable to each district for which bus
inspections are provided and submit it to the department and to an intermediate
district serving as fiduciary in a time and manner determined jointly by the
department and the department of state police. Upon review and approval of the
statement of cost, the department shall forward to the designated intermediate
district serving as fiduciary the amount of the reimbursement on behalf of each
district and intermediate district for costs detailed on the statement within
45 days after receipt of the statement. The designated intermediate district
shall make payment in the amount specified on the statement to the department
of state police within 45 days after receipt of the statement. The total
reimbursement of costs under this subsection must not exceed the amount
allocated under this subsection. Notwithstanding section 17b, the department
shall make payments to eligible entities under this subsection on a schedule
prescribed by the department.
Sec. 81. (1) From the appropriation in section 11, there is
allocated for 2019-2020 2020-2021
to the intermediate districts the sum necessary, but not to exceed $69,138,000.00, to provide
state aid to intermediate districts under this section.
(2) The amount allocated
under this section to each intermediate district is an amount equal to 101% 100% of the amount
allocated to the intermediate district under this section for 2018-2019. 2019-2020. An
intermediate district shall use funding provided under this section to comply
with requirements of this article and the revised school code that are applicable
to intermediate districts, and for which funding is not provided elsewhere in
this article, and to provide technical assistance to districts as authorized by
the intermediate school board.
(3) Intermediate
districts receiving funds under this section shall collaborate with the
department to develop expanded professional development opportunities for
teachers to update and expand their knowledge and skills needed to support the
Michigan merit curriculum.
(4) From the allocation
in subsection (1), there is allocated to an intermediate district, formed by
the consolidation or annexation of 2 or more intermediate districts or the
attachment of a total intermediate district to another intermediate school district or the annexation of all of the
constituent K-12 districts of a previously existing intermediate school district which has disorganized, an additional
allotment of $3,500.00 each fiscal year for each intermediate district included
in the new intermediate district for 3 years following consolidation, annexation,
or attachment.
(5) In order to receive
funding under this section, an intermediate district shall do all of the
following:
(a) Demonstrate to the
satisfaction of the department that the intermediate district employs at least
1 person who is trained in pupil accounting and auditing procedures, rules, and
regulations.
(b) Demonstrate to the
satisfaction of the department that the intermediate district employs at least
1 person who is trained in rules, regulations, and district reporting procedures
for the individual-level student data that serves as the basis for the
calculation of the district and high school graduation and dropout rates.
(c) Comply with sections
1278a and 1278b of the revised school code, MCL 380.1278a and 380.1278b.
(d) Furnish data and
other information required by state and federal law to the center and the
department in the form and manner specified by the center or the department, as
applicable.
(e) Comply with section
1230g of the revised school code, MCL 380.1230g.
Sec. 94. (1) From the general fund appropriation
money appropriated in section 11, there is
allocated to the department for 2019-2020 2020-2021 an amount not to exceed $1,000,000.00 $1,200,000.00 for
efforts to increase the number of pupils who participate and succeed in
advanced placement and international baccalaureate programs, and to support the
college-level examination program (CLEP).
(2) From the funds
allocated under this section, the department shall award funds to cover all or
part of the costs of advanced placement test fees or international
baccalaureate test fees and international baccalaureate registration fees for
low-income pupils who take an advanced placement or an international
baccalaureate test and CLEP fees for low-income pupils who take a CLEP test.
(3) The department shall
only award funds under this section if the department determines that all of
the following criteria are met:
(a) Each pupil for whom
payment is made meets eligibility requirements of the federal advanced placement
test fee program under section 1701 of the no child left behind act of 2001,
Public Law 107-110, or under a corresponding provision of the every student
succeeds act, Public Law 114-95.
(b) The tests are
administered by the college board, the international baccalaureate
organization, or another test provider approved by the department.
(c) The pupil for whom
payment is made pays at least $5.00 toward the cost of each test for which
payment is made.
(4) The department shall
establish procedures for awarding funds under this section.
(5) Notwithstanding
section 17b, the department shall make payments under this section on a
schedule determined by the department.
Sec. 94a. (1)
There is created within the state budget office in the department of technology,
management, and budget the center for educational performance and information.
The center shall do all of the following:
(a) Coordinate the collection of all data required by state
and federal law from districts, intermediate districts, and postsecondary
institutions.
(b) Create, maintain, and enhance this state's P-20
longitudinal data system and ensure that it meets the requirements of
subsection (4).
(c) Collect data in the most efficient manner possible in
order to reduce the administrative burden on reporting entities, including, but
not limited to, electronic transcript services.
(d) Create, maintain, and enhance this state's web-based
educational portal to provide information to school leaders, teachers,
researchers, and the public in compliance with all federal and state privacy
laws. Data must include, but are not limited to, all of the following:
(i) Data sets that link
teachers to student information, allowing districts to assess individual
teacher impact on student performance and consider student growth factors in
teacher and principal evaluation systems.
(ii) Data access or, if practical, data sets, provided for
regional data hubs that, in combination with local data, can improve teaching
and learning in the classroom.
(iii) Research-ready data sets for researchers to perform
research that advances this state's educational performance.
(e) Provide data in a
useful manner to allow state and local policymakers to make informed policy
decisions.
(f) Provide public
reports to the residents of this state to allow them to assess allocation of
resources and the return on their investment in the education system of this
state.
(g) Other functions as
assigned by the state budget director.
(2) Each state
department, officer, or agency that collects information from districts,
intermediate districts, or postsecondary institutions as required under state
or federal law shall make arrangements with the center to ensure that the state
department, officer, or agency is in compliance with subsection (1). This
subsection does not apply to information collected by the department of
treasury under the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421
to 141.440a; the revised municipal finance act, 2001 PA 34, MCL 141.2101 to
141.2821; the school bond qualification, approval, and loan act, 2005 PA 92,
MCL 388.1921 to 388.1939; or section 1351a of the revised school code, MCL
380.1351a.
(3) The center may enter
into any interlocal agreements necessary to fulfill its functions.
(4) The center shall
ensure that the P-20 longitudinal data system required under subsection (1)(b)
meets all of the following:
(a) Includes data at the
individual student level from preschool through postsecondary education and
into the workforce.
(b) Supports
interoperability by using standard data structures, data formats, and data
definitions to ensure linkage and connectivity in a manner that facilitates the
exchange of data among agencies and institutions within the state and between
states.
(c) Enables the matching
of individual teacher and student records so that an individual student may be
matched with those teachers providing instruction to that student.
(d) Enables the matching
of individual teachers with information about their certification and the
institutions that prepared and recommended those teachers for state
certification.
(e) Enables data to be
easily generated for continuous improvement and decision-making, including
timely reporting to parents, teachers, and school leaders on student
achievement.
(f) Ensures the
reasonable quality, validity, and reliability of data contained in the system.
(g) Provides this state
with the ability to meet federal and state reporting requirements.
(h) For data elements
related to preschool through grade 12 and postsecondary, meets all of the
following:
(i) Contains a unique statewide student identifier that does
not permit a student to be individually identified by users of the system,
except as allowed by federal and state law.
(ii) Contains student-level enrollment, demographic, and program
participation information.
(iii) Contains student-level information about the points at
which students exit, transfer in, transfer out, drop out, or complete education
programs.
(iv) Has the capacity to communicate with higher education data
systems.
(i) For data elements
related to preschool through grade 12 only, meets all of the following:
(i) Contains yearly test records of individual students for
assessments approved by DED-OESE for accountability purposes under section
1111(b) of the elementary and secondary education act of 1965, 20 USC 6311,
including information on individual students not tested, by grade and subject.
(ii) Contains student-level transcript information, including
information on courses completed and grades earned.
(iii) Contains student-level college readiness test scores.
(j) For data elements
related to postsecondary education only:
(i) Contains data that provide information regarding the extent
to which individual students transition successfully from secondary school to
postsecondary education, including, but not limited to, all of the following:
(A) Enrollment in
remedial coursework.
(B) Completion of 1
year's worth of college credit applicable to a degree within 2 years of
enrollment.
(ii) Contains data that provide other information determined
necessary to address alignment and adequate preparation for success in
postsecondary education.
(5) From the general
fund appropriation money
appropriated in section 11, there is allocated an amount not to exceed $16,045,800.00 $16,848,900.00 for
2019-2020 2020-2021 to
the department of technology, management, and budget to support the operations
of the center. In addition, from the federal funds appropriated in section 11,
there is allocated for 2019-2020 2020-2021 the amount necessary, estimated at $193,500.00, to support the
operations of the center and to establish a P-20 longitudinal data system
necessary for state and federal reporting purposes. The center shall cooperate
with the department to ensure that this state is in compliance with federal law
and is maximizing opportunities for increased federal funding to improve
education in this state.
(6) From the funds
allocated in subsection (5), the center may use an amount determined by the
center for competitive grants for 2019-2020 2020-2021 to support collaborative efforts on the P-20
longitudinal data system. All of the following apply to grants awarded under
this subsection:
(a) The center shall
award competitive grants to eligible intermediate districts or a consortium of
intermediate districts based on criteria established by the center.
(b) Activities funded
under the grant must support the P-20 longitudinal data system portal and may
include portal hosting, hardware and software acquisition, maintenance,
enhancements, user support and related materials, and professional learning
tools and activities aimed at improving the utility of the P-20 longitudinal
data system.
(c) An applicant that
received a grant under this subsection for the immediately preceding fiscal
year has priority for funding under this section. However, after 3 fiscal years
of continuous funding, an applicant is required to compete openly with new
applicants.
(7) Funds allocated
under this section that are not expended in the fiscal year in which they were
allocated may be carried forward to a subsequent fiscal year and are
appropriated for the purposes for which the funds were originally allocated.
(8) The center may bill
departments as necessary in order to fulfill reporting requirements of state
and federal law. The center may also enter into agreements to supply custom
data, analysis, and reporting to other principal executive departments, state
agencies, local units of government, and other individuals and organizations. The
center may receive and expend funds in addition to those authorized in
subsection (5) to cover the costs associated with salaries, benefits, supplies,
materials, and equipment necessary to provide such data, analysis, and
reporting services.
(9) As used in this
section:
(a) "DED-OESE"
means the United States Department of Education Office of Elementary and
Secondary Education.
(b) "State
education agency" means the department.
Sec. 94b. From the general fund money appropriated in section 11,
there is allocated an amount not to exceed $100.00 for 2020-2021 to the
connecting information in education committee created in this section. The
connecting information in education committee is created for 2020-2021. Both of
the following apply to the committee described in this section:
(a) The committee
shall provide recommendations concerning, at a minimum, all of the following to
the legislature and the governor:
(i) How to lead the
replication and scaling of best practices in instruction, administration, and student
support to enable this state to be among the fastest improving states in the
nation in academic gains for all student groups.
(ii) How to close
the educational achievement gap based on income, race, geography, language,
gender, and student needs.
(iii) How to prepare
every student for success after high school.
(b) The committee shall work in consultation with the department, the center, the executive branch, the legislature, education stakeholders, and other nongovernmental organizations, to provide recommendations based on research to school leaders and educators as they implement best practices proven to improve student performance.
Sec. 95b. (1) From the general fund money appropriated under section 11, there is
allocated an amount not to exceed $2,000,000.00 for the model value-added
growth and projection analytics system. The department shall
continue the model value-added growth and projection analytics system and
incorporate that model into its reporting requirements under the every student
succeeds act, Public Law 114-95. It is the intent of the legislature to fund
the model under this section for 2021-2022 only if at least 50% of districts
that are not public school academies opt in to student-teacher linkages
provided by the model value-added growth and projection analytics system and
there is verification that the value-added reporting platform continued hosting
and delivery of historical reporting as determined based on the report under
subsection (5). The model described in this subsection must do at least all of
the following:
(a) Utilize existing assessments and any future assessments
that are suitable for measuring student growth.
(b) Report student growth measures at the district, school,
teacher, and subgroup levels.
(c) Recognize the growth of tested students, including those
who may have missing assessment data.
(d) Include all available prior standardized assessment data
that meet inclusion criteria across grades, subjects, and state and local
assessments.
(e) Allow student growth results to be disaggregated.
(f) Provide individual student projections showing the
probability of a student reaching specific performance levels on future
assessments. Given school closures and extended cancellations related to
COVID-19, the data under this subdivision may be used to inform decisions about
student placement or students that could benefit from additional supports or
interventions.
(g) Demonstrate any prior success with this state's
assessments through the Michigan council of educator effectiveness teacher
evaluation pilot.
(h) Demonstrate prior statewide implementation in at least 2
other states for at least 10 years.
(i) Have a native roster verification system built into the
value-added reporting platform that has been implemented statewide in at least
2 other states.
(j) Have a "Help/Contact Us" "help/contact us" ticketing system built
into the value-added reporting platform.
(k) Given school closures that have occurred pursuant to an
executive order issued by the governor, the value-added reporting platform must
provide continued hosting and delivery of reporting and offer the department
additional supports in the areas of research, analysis, web reporting, and
training.
(l) The department and the
platform vendor shall provide statewide training for educators to understand
the reporting that details the impact to student learning and growth.
(2) The department shall
provide internet-based electronic student growth and projection reporting based
on the model under subsection (1) to educators at the school, district, and
state levels. The model must include role-based permissions that allow
educators to access information about the performance of the students within
their immediate responsibility in accordance with applicable privacy laws.
(3) The model under
subsection (1) must not be a mandatory part of teacher evaluation or educator
pay-for-performance systems.
(4) The model under
subsection (1) must be a model that received funding under this section in
2018-2019.
(5) By March 31, 2021,
the department shall work with the center to provide a report to the senate and
house appropriations subcommittees on state school aid and the senate and house
fiscal agencies regarding the number of districts that are not public school
academies that opted in to student-teacher linkages in their use of the model
value-added growth and projection analytics system under this section. The
report under this subsection must also include verification that the
value-added reporting platform continued hosting and delivery of historical
reporting and specify any additional research and analysis offered to the
department.
Sec. 98. (1) From the general fund money appropriated in
section 11, there is allocated an amount not to exceed $6,312,500.00 $7,500,000.00 for 2019-2020 2020-2021 for
the purposes described in this section. The Michigan Virtual University shall
provide a report to the legislature not later than November 1 of each year that
includes its mission, its plans, and proposed benchmarks it must meet,
including a plan to achieve the organizational priorities identified in this
section, in order to receive full funding for 2020-2021.
2021-2022. Not later than March 1 of each
year, the Michigan Virtual University shall provide an update to the house and
senate appropriations subcommittees on school aid to show the progress being
made to meet the benchmarks identified.
(2) The Michigan Virtual
University shall operate the Michigan Virtual Learning Research Institute. The
Michigan Virtual Learning Research Institute shall do all of the following:
(a) Support and
accelerate innovation in education through the following activities:
(i) Test, evaluate, and recommend as appropriate new
technology-based instructional tools and resources.
(ii) Research, design, and recommend virtual education delivery
models for use by pupils and teachers that include age-appropriate multimedia
instructional content.
(iii) Research, develop, and recommend annually to the department
criteria by which cyber schools and virtual course providers should be monitored
and evaluated to ensure a quality education for their pupils.
(iv) Based on pupil completion and performance data reported to
the department or the center from cyber schools and other virtual course
providers operating in this state, analyze the effectiveness of virtual
learning delivery models in preparing pupils to be college- and career-ready
and publish a report that highlights enrollment totals, completion rates, and
the overall impact on pupils. The Michigan Virtual Learning Research Institute shall
submit the report to the house and senate appropriations subcommittees on state
school aid, the state budget director, the house and senate fiscal agencies,
the department, districts, and intermediate districts not later than March 31
of each year.
(v) Provide an extensive professional development program to at
least 30,000 educational personnel, including teachers, school administrators,
and school board members, that focuses on the effective integration of virtual
learning into curricula and instruction. The Michigan Virtual Learning Research
Institute is encouraged to work with the MiSTEM
advisory council created under section 99s to
coordinate professional development of teachers in applicable fields. In
addition, the Michigan Virtual Learning Research Institute and external
stakeholders are encouraged to coordinate with the department for professional
development in this state. Not later than December 1 of each year, the Michigan
Virtual Learning Research Institute shall submit a report to the house and
senate appropriations subcommittees on state school aid, the state budget
director, the house and senate fiscal agencies, and the department on the
number of teachers, school administrators, and school board members who have
received professional development services from the Michigan Virtual
University. The report must also identify barriers and other opportunities to
encourage the adoption of virtual learning in the public education system.
(vi) Identify and share best practices for planning,
implementing, and evaluating virtual and blended education delivery models with
intermediate districts, districts, and public school academies to accelerate
the adoption of innovative education delivery models statewide.
(b) Provide leadership
for this state's system of virtual learning education by doing the following
activities:
(i) Develop and report policy recommendations to the governor
and the legislature that accelerate the expansion of effective virtual learning
in this state's schools.
(ii) Provide a clearinghouse for research reports, academic
studies, evaluations, and other information related to virtual learning.
(iii) Promote and distribute the most current instructional
design standards and guidelines for virtual teaching.
(iv) In collaboration with the department and interested
colleges and universities in this state, support implementation and
improvements related to effective virtual learning instruction.
(v) Pursue public/private partnerships that include districts
to study and implement competency-based technology-rich virtual learning
models.
(vi) Create a statewide network of school-based mentors serving
as liaisons between pupils, virtual instructors, parents, and school staff, as
provided by the department or the center, and provide mentors with
research-based training and technical assistance designed to help more pupils
be successful virtual learners.
(vii) Convene focus groups and conduct annual surveys of
teachers, administrators, pupils, parents, and others to identify barriers and
opportunities related to virtual learning.
(viii) Produce an annual consumer awareness report for schools and
parents about effective virtual education providers and education delivery
models, performance data, cost structures, and research trends.
(ix) Provide an internet-based platform that educators can use
to create student-centric learning tools and resources for sharing in the
state's open educational resource repository and facilitate a user network that
assists educators in using the content creation platform and state repository
for open educational resources. As part of this initiative, the Michigan
Virtual University shall work collaboratively with districts and intermediate
districts to establish a plan to make available virtual resources that align to
Michigan's K-12 curriculum standards for use by students, educators, and
parents.
(x) Create and maintain a public statewide catalog of virtual
learning courses being offered by all public schools and community colleges in
this state. The Michigan Virtual Learning Research Institute shall identify and
develop a list of nationally recognized best practices for virtual learning and
use this list to support reviews of virtual course vendors, courses, and
instructional practices. The Michigan Virtual Learning Research Institute shall
also provide a mechanism for intermediate districts to use the identified best
practices to review content offered by constituent districts. The Michigan
Virtual Learning Research Institute shall review the virtual course offerings
of the Michigan Virtual University, and make the results from these reviews
available to the public as part of the statewide catalog. The Michigan Virtual
Learning Research Institute shall ensure that the statewide catalog is made
available to the public on the Michigan Virtual University website and shall
allow the ability to link it to each district's website as provided for in
section 21f. The statewide catalog must also contain all of the following:
(A) The number of
enrollments in each virtual course in the immediately preceding school year.
(B) The number of
enrollments that earned 60% or more of the total course points for each virtual
course in the immediately preceding school year.
(C) The pass rate for
each virtual course.
(xi) Support registration, payment services, and transcript
functionality for the statewide catalog and train key stakeholders on how to
use new features.
(xii) Collaborate with key stakeholders to examine district level
accountability and teacher effectiveness issues related to virtual learning
under section 21f and make findings and recommendations publicly available.
(xiii) Provide a report on the activities of the Michigan Virtual
Learning Research Institute.
(3) To further enhance
its expertise and leadership in virtual learning, the Michigan Virtual
University shall continue to operate the Michigan Virtual School as a statewide
laboratory and quality model of instruction by implementing virtual and blended
learning solutions for Michigan schools in accordance with the following
parameters:
(a) The Michigan Virtual
School must maintain its accreditation status from recognized national and
international accrediting entities.
(b) The Michigan Virtual
University shall use no more than $1,000,000.00 of the amount allocated under
this section to subsidize the cost paid by districts for virtual courses.
(c) In providing
educators responsible for the teaching of virtual courses as provided for in
this section, the Michigan Virtual School shall follow the requirements to
request and assess, and the department of state police shall provide, a
criminal history check and criminal records check under sections 1230 and 1230a
of the revised school code, MCL 380.1230 and 380.1230a, in the same manner as
if the Michigan Virtual School were a school district under those sections.
(4) From the funds
allocated under subsection (1), the Michigan Virtual University shall allocate
up to $500,000.00 to support the expansion of new online and blended educator
professional development programs.
(5) If the course
offerings are included in the statewide catalog of virtual courses under
subsection (2)(b)(x), the Michigan Virtual
School operated by the Michigan Virtual University may offer virtual course
offerings, including, but not limited to, all of the following:
(a) Information
technology courses.
(b) College level
equivalent courses, as defined in section 1471 of the revised school code, MCL
380.1471.
(c) Courses and dual
enrollment opportunities.
(d) Programs and
services for at-risk pupils.
(e) High school
equivalency test preparation courses for adjudicated youth.
(f) Special interest
courses.
(g) Professional
development programs for teachers, school administrators, other school
employees, and school board members.
(6) If a home-schooled
or nonpublic school student is a resident of a district that subscribes to
services provided by the Michigan Virtual School, the student may use the
services provided by the Michigan Virtual School to the district without charge
to the student beyond what is charged to a district pupil using the same
services.
(7) Not later than
December 1 of each fiscal year, the Michigan Virtual University shall provide a
report to the house and senate appropriations subcommittees on state school
aid, the state budget director, the house and senate fiscal agencies, and the
department that includes at least all of the following information related to
the Michigan Virtual School for the preceding state fiscal year:
(a) A list of the
districts served by the Michigan Virtual School.
(b) A list of virtual
course titles available to districts.
(c) The total number of
virtual course enrollments and information on registrations and completions by
course.
(d) The overall course
completion rate percentage.
(8) In addition to the
information listed in subsection (7), the report under subsection (7) must also
include a plan to serve at least 600 schools with courses from the Michigan
Virtual School or with content available through the internet-based platform
identified in subsection (2)(b)(ix).
(9) The governor may
appoint an advisory group for the Michigan Virtual Learning Research Institute
established under subsection (2). The members of the advisory group serve at
the pleasure of the governor and without compensation. The purpose of the
advisory group is to make recommendations to the governor, the legislature, and
the president and board of the Michigan Virtual University that will accelerate
innovation in this state's education system in a manner that will prepare
elementary and secondary students to be career and college ready and that will
promote the goal of increasing the percentage of residents of this state with
high-quality degrees and credentials to at least 60% by 2025.
(10) Not later than
November 1 of each year, the Michigan Virtual University shall submit to the
house and senate appropriations subcommittees on state school aid, the state
budget director, and the house and senate fiscal agencies a detailed budget for
that fiscal year that includes a breakdown on its projected costs to deliver
virtual educational services to districts and a summary of the anticipated fees
to be paid by districts for those services. Not later than March 1 each year,
the Michigan Virtual University shall submit to the house and senate
appropriations subcommittees on state school aid, the state budget director,
and the house and senate fiscal agencies a breakdown on its actual costs to
deliver virtual educational services to districts and a summary of the actual
fees paid by districts for those services based on audited financial statements
for the immediately preceding fiscal year.
(11) As used in this
section:
(a) "Blended
learning" means a hybrid instructional delivery model where pupils are
provided content, instruction, and assessment, in part at a supervised
educational facility away from home where the pupil and a teacher with a valid
Michigan teaching certificate are in the same physical location and in part
through internet-connected learning environments with some degree of pupil
control over time, location, and pace of instruction.
(b) "Cyber
school" means a full-time instructional program of virtual courses for
pupils that may or may not require attendance at a physical school location.
(c) "Virtual
course" means a course of study that is capable of generating a credit or
a grade and that is provided in an interactive learning environment in which
the majority of the curriculum is delivered using the internet and in which
pupils are separated from their instructor or teacher of record by time or
location, or both.
(12) It is the intent of the legislature not to allocate an
amount greater than $6,342,500.00 for 2020-2021 for the purposes of this
section.
Sec. 98a. (1) In order to receive state aid under this article for 2020-2021, a district must provide, for the 2020-2021 school year, instruction under an extended COVID-19 learning plan that has been approved by an intermediate district or authorizing body, as applicable, under subsection (2). It is the intent of the legislature that extended COVID-19 learning plans described in this subsection provide districts with maximum flexibility to adapt their educational programs for some or all pupils at some or all of the schools operated by the district to respond to the COVID-19 pandemic. An extended COVID-19 learning plan described in this subsection must include all of the following elements:
(a) A statement indicating why an extended COVID-19 learning plan is necessary to increase pupil engagement and achievement for the 2020-2021 school year.
(b) The educational goals expected to be achieved for the 2020-2021 school year. The educational goals described in this subdivision must not be utilized to determine state policy. The district must establish all of its goals under this subdivision by not later than September 15, 2020. An extended COVID-19 learning plan described in this subsection must specify which educational goals described in this subdivision are expected to be achieved by the middle of the school year and which goals are expected to be achieved by the end of the school year. All of the following apply to the educational goals described in this subdivision:
(i) The goals must include increased pupil achievement or, if
growth can be validly and reliably measured using a benchmark assessment or
benchmark assessments, growth on a benchmark assessment or benchmark
assessments described in subparagraph (ii) in the aggregate and for all
subgroups of pupils.
(ii) The goals must include an
assurance that the district shall select a benchmark assessment or benchmark
assessments that are aligned to state standards and an assurance that the
district shall administer the benchmark assessment or benchmark assessments to
all pupils as prescribed under section 104 to determine whether pupils are
making meaningful progress toward mastery of these standards.
(iii) The goals must be measurable
through a benchmark assessment or benchmark assessments described in
subparagraph (ii).
(c) A
description of how instruction will be delivered during the 2020-2021 school
year. Instruction, as described in this subdivision, may be delivered at school
or at a different location, in person, online, digitally, by other remote
means, in a synchronous or asynchronous format, or any combination thereof,
but, except as otherwise provided in this subdivision, must be delivered as
included in the description. If the description of instructional delivery under
this subdivision differs from the delivery of instruction re-confirmed under
this subdivision, then instruction must be delivered as re-confirmed. Thirty
days after the approval of the plan under subsection (2), and every 30 days each month thereafter,
the district must, at a meeting of the board or board of directors, as
applicable, of the district, re-confirm how instruction is going to be
delivered during the 2020-2021 school year. Public comment must be solicited
from the parents or legal guardians of the pupils enrolled in the district
during a meeting described in this subdivision. For each reconfirmation described in this subdivision, the
district shall report to the center, in a form and manner prescribed by the
center, the instructional delivery method that was reconfirmed; how that
instruction will be delivered for each grade level offered by the district,
including pre-kindergarten, as applicable; and whether or not, as determined by
the department in consultation with the center, the district is offering higher
levels of in-person instruction for English language learners, special
education students, or other special populations.
(d) A
description of how instruction for core academic areas provided under the
extended COVID-19 learning plan will expose each pupil to the academic
standards that apply for each pupil's grade level or courses in the same scope
and sequence as the district had planned for that exposure to occur for
in-person instruction, as applicable, and a description of how pupil progress
toward mastery of the standards described in this subdivision will be graded or
otherwise reported to the pupil and the pupil's parent or legal guardian.
(e) If
the district is delivering pupil instruction virtually, an assurance and
description of how pupils will be provided with equitable access to technology
and the internet necessary to participate in instruction. This subdivision does
not prohibit a district from providing pupil instruction through nonvirtual
educational materials.
(f) A
description of how the district will ensure that students with disabilities
will be provided with equitable access to instruction accommodation in
accordance with applicable state and federal laws, rules, and regulations.
(g) A
requirement that the district, in consultation with a local health department,
as that term is defined in section 1105 of the public health code, 1978 PA 368, MCL
333.1105, and district employees, develop districtwide guidelines concerning
appropriate methods for delivering pupil instruction for the 2020-2021 school
year that are based on local data that are based on key metrics. However,
regardless of the guidelines developed under this subdivision, a determination
concerning the method for delivering pupil instruction remains with the
district. As used in this subdivision, "key metrics" means, at a
minimum, all of the following:
(i) The trend of COVID-19 cases or
positive COVID-19 tests, hospitalizations due to COVID-19, and the number of
deaths resulting from COVID-19 over a 14-day period.
(ii) COVID-19 cases for each day for
every 1 million individuals.
(iii) The percentage of positive
COVID-19 tests over a 4-week period.
(iv) Health care capacity strength.
(v) Testing, tracing, and containment
infrastructure with regard to COVID-19.
(h) A
provision that, if the district determines that it is safe to provide in-person
pupil instruction to pupils, the district shall prioritize providing in-person
pupil instruction to pupils in grades K to 5 who are enrolled in the district.
(i) A
requirement that the district shall ensure that 2 2-way interactions occur
between a pupil enrolled in the district and the pupil's teacher or at least 1
of the pupil's teachers or
another district employee who has responsibility for the pupil's learning,
grade progression, or academic progress during each week of the
school year for at least 75% of pupils enrolled in the district. A district may
utilize 2-way interactions that occur under this subdivision toward meeting the
requirement under section 101(3)(h). The district shall publicly announce its
weekly interaction rates under this subdivision at each reconfirmation meeting
described in subdivision (c) and make those rates accessible through the
transparency reporting link located on the district's website each month. As
used in this subdivision, "2-way interaction" means a communication
that occurs between a pupil and the pupil's teacher or at least 1 of the
pupil's teachers or another
district employee who has responsibility for the pupil's learning, grade
progression, or academic progress, where 1 party initiates
communication and a response from the other party follows that communication,
and that is relevant to course progress or course content for at least 1 of the
courses in which the pupil is enrolled or relevant to the pupil's overall academic progress or
grade progression. Responses, as described in this subdivision,
must be to the communication
initiated by the teacher, by
another district employee who has responsibility for the pupil's learning,
grade progression, or academic progress, or by the pupil, and not
some other action taken. The communication described in this subdivision may
occur through, but is not limited to, any of the following means:
(i) Electronic mail.
(ii) Telephone.
(iii) Instant messaging.
(iv) Face-to-face conversation.
(2) A
district that is not a public school academy that intends to provide
instruction under an extended COVID-19 learning plan shall submit its extended
COVID-19 learning plan described in subsection (1) to the intermediate district
in which the district is located by not later than October 1, 2020, and, except as otherwise provided in
this subsection, a district that is a public school academy that
intends to provide instruction under an extended COVID-19 learning plan shall
submit its extended COVID-19 learning plan described in subsection (1) to its
authorizing body by not later than October 1, 2020, for approval. A district that is a public school
academy that, by agreement, provides educational services for the residents of
a district that is not a public school academy and that does not directly
provide public educational services to its residents that intends to provide
instruction under an extended COVID-19 learning plan shall submit its extended
COVID-19 learning plan described in subsection (1) to the intermediate district
in which it is located not later than October 1, 2020 for approval. An
intermediate district or authorizing body, as applicable, shall approve an
extended COVID-19 learning plan submitted for approval under this subsection by not later than October 9, 2020
if the plan includes all of the elements required for inclusion in the plan
under subsection (1). If an intermediate district or authorizing body, as
applicable, approves of a district's extended COVID-19 learning plan under this
subsection, the intermediate district or authorizing body, as applicable, shall
transmit copies of the approved plan to the superintendent of public instruction
and the state treasurer.
(3) An
extended COVID-19 learning plan described in subsection (1) and approved under
subsection (2) must be made accessible through the transparency reporting link
located on the district's website by not later than October 1, 12, 2020.
(4) Both All of the following
apply to a district that is providing instruction under an extended COVID-19
learning plan approved under this section:
(a) By
not later than January 15, 2021, the district shall create a report that
includes information regarding both of the following and shall ensure that the
report under this subdivision can be accessed through the transparency
reporting link located on the district's website:
(i) The
amount and type of training provided during the current school year as of the
date of the report to teachers of the district through professional development
that focuses on how to deliver virtual content.
(ii) The
amount and type of training provided during the current school year as of the
date of the report to the parents and legal guardians of pupils and to pupils
on how to access and use virtual content provided by the district.
(b) (a) By not later than February 1, 2021,
the district shall create a report concerning progress made in meeting the educational
goals described in subsection (1) that the district expected would be achieved
by the middle of the school year and shall ensure that the report under this
subdivision can be accessed through the transparency reporting link located on
the district's website.
(c) (b) By not later than the last day of
the 2020-2021 school year, the district shall create a report concerning
progress made in meeting the educational goals described in subsection (1) that
the district expected would be achieved by the end of the school year and shall
ensure that the report under this subdivision can be accessed through the
transparency reporting link located on the district's website.
(5)
This section does not apply to a district that operates as a cyber school, as
that term is defined in section 551 of the revised school code, MCL 380.551.
Sec. 98d. (1) From the state school
aid fund money appropriated under section 11, there is allocated for 2020-2021
an amount not to exceed $2,000,000.00 to Northern Michigan University to
support the MLC as described in this section. Northern Michigan University
shall not retain any portion of the funding received under this section for
administrative purposes and shall provide funding to support the MLC. All of
the following apply to the MLC:
(a)
The MLC must be created to help bridge equity gaps in K to 12 education linked
to a student's ability to engage in distance learning because of inadequate
internet access or a lack of devices in the home.
(b)
The MLC shall provide over-the-air broadcasts 24 hours each day for 7 days each
week of quality instructional content that is aligned with this state's K to 12
educational standards. Over-the-air broadcasts as described in this subdivision
must be streamed live and must be archived for on-demand viewing on a companion
website, along with additional learning materials relevant to lessons.
(c)
The MLC must be managed and operated by DPTV, and DPTV shall assume all risk,
liability, and responsibility for the MLC in accordance with regulations by the
U.S. Federal Communications Commission, PBS broadcast standards, and standard
nonprofit business standards. DPTV shall serve as the fiduciary agent and
service manager for the MLC. The MLC shall originate from a central operations
center that is responsible for providing the infrastructure, content, and
engagement of the MLC in partnership with this state's educational leadership
organizations.
(d)
The MLC shall require that DPTV provide technology, funding, staff training,
and central management of the MLC to station partners to insert additional
channels into each station's broadcast streams and to support staffing and
engagement as outlined in a memorandum of understanding among the stations.
(e)
The MLC shall require that DPTV partner with at least 5 other Michigan public
television stations including, but not limited to, WKAR, WGVU, WDCQ, WCMU, and
WNMU, to deliver the over-the-air MLC broadcasts described in this section and
to support engagement with local educators. Stations described in this
subdivision must be able to use the infrastructure provided by the MLC to
develop their own local content that best serves their communities.
(f)
The MLC shall not use the funds received from Northern Michigan University
under this section in support of the MLC for any purposes fully funded by the
governor's emergency education relief fund grant.
(2)
Not later than February 1, 2021, the MLC shall provide a report to the house
and senate appropriations subcommittees responsible for state school aid, the
house and senate fiscal agencies, and the state budget director detailing the
MLC's compliance with ensuring that conditions listed under subsection (1) were
met.
(3)
Notwithstanding section 17b, the department shall make payments under this
section not later than December 1, 2020.
(4)
As used in this section:
(a)
"DPTV" means Detroit public television.
(b)
"MLC" means the Michigan learning channel.
Sec. 99h. (1)
From the state school aid fund money appropriated in section 11, there is
allocated an amount not to exceed $3,900,000.00
$4,400,000.00 for 2019-2020 2020-2021
for competitive grants to districts and intermediate districts, and from the general fund money appropriated in section 11, there
is allocated $300,000.00 for 2020-2021 for competitive grants to nonpublic
schools, that provide pupils in grades K
pre-K to 12 with expanded
opportunities to improve mathematics, science, and technology skills by
participating in events hosted by a science and technology development program
known as FIRST (for inspiration and recognition of science and technology)
Robotics, including JR FIRST Lego League, FIRST Lego League, FIRST Tech
challenge, and FIRST Robotics competition, or other competitive robotics
programs, including VEX and those hosted by the Robotics Education and
Competition (REC) Foundation. Programs funded under this section are intended
to increase the number of pupils demonstrating proficiency in science and
mathematics on the state assessments and to increase the number of pupils who
are college- and career-ready upon high school graduation. Notwithstanding
section 17b, the department shall make grant payments to districts, nonpublic schools, and intermediate districts under
this section on a schedule determined by the department. The department shall
set maximum grant awards for each different level of programming
and competition in a manner that both maximizes the number of
teams that will be able to receive funds and expands the geographical
distribution of teams.
(2) A district, nonpublic school,
or intermediate district applying for a grant under this section shall submit
an application in a form and manner prescribed by the department. To be
eligible for a grant, a district, nonpublic school,
or intermediate district shall must demonstrate in its application that the district, nonpublic school, or intermediate district has
established a partnership for the purposes of the robotics program with at
least 1 sponsor, business entity, higher education institution, or technical
school, shall submit a spending plan, and shall pay
provide a local in-kind or cash match from
other private or local funds of at least 25% of the cost of the
robotics program award.
(3) The department shall distribute the grant funding under
this section for the following purposes:
(a) Grants to districts,
nonpublic schools, or intermediate districts to pay for stipends
not to exceed $1,500.00 for 1 coach per team.$1,500.00 per building for coaching.
(b) Grants to districts,
nonpublic schools, or intermediate districts for event
registrations, materials, travel costs, and other expenses associated with the
preparation for and attendance at robotics events and competitions. Each grant recipient shall provide a local
match from other private or local funds for the funds received under this
subdivision equal to at least 50% of the costs of participating in an event.
(c) Grants to districts,
nonpublic schools, or intermediate districts for awards to teams
that advance to the state and world championship
competitions. next levels of competition as
determined by the department. The department shall determine an
equal amount per team for those teams that advance.
to the state championship and a second equal
award amount to those teams that advance to the world championship.
(4) The funds allocated under this section for 2019-2020 2020-2021
are a work project appropriation, and any unexpended funds for 2019-2020 2020-2021
are carried forward into 2020-2021.
2021-2022. The purpose of the
work project is to continue support of FIRST Robotics and must not be used to
support other robotics competitions. The estimated completion date of the work
project is September 30, 2022.2023.
(5)
A nonpublic school that receives a grant under this section may use the funds
for either robotics or Science Olympiad programs.
(6)
To be eligible to receive funds under this section, a nonpublic school must be
a nonpublic school registered with the department and must meet all applicable
state reporting requirements for nonpublic schools.
Sec. 99i. From the general fund money appropriated in section 11, there is allocated for 2020-2021 an amount not to exceed $150,000.00 to support the Michigan council of women in technology foundation. The funds awarded under this section must be used to support the girls-exploring-together-information-technology clubs for middle and high school girls that provide structured hands-on learning activities through a comprehensive technology-focused curriculum.
Sec. 99s. (1) From the funds appropriated under section 11,
there is allocated for 2019-2020 2020-2021 an amount not to exceed $7,634,300.00 from the
state school aid fund appropriation and an amount not to exceed $300,000.00 from the general fund
appropriation for Michigan science, technology, engineering, and mathematics
(MiSTEM) programs. In addition, from the federal funds appropriated in section
11, there is allocated to the department for 2019-2020 2020-2021 an
amount estimated at $235,000.00 from DED-OESE, title II, mathematics and science partnership
grants. The MiSTEM network may receive funds from private sources. If the
MiSTEM network receives funds from private sources, the MiSTEM network shall
expend those funds in alignment with the statewide STEM strategy. Programs
funded under this section are intended to increase the number of pupils
demonstrating proficiency in science and mathematics on the state assessments, and to increase the
number of pupils who are college- and career-ready upon high school graduation, and to promote certificate and degree attainment in STEM
fields. Notwithstanding section 17b, the department shall make payments
under this section on a schedule determined by the department.
(2) All of the following apply
to the MiSTEM advisory council:
(a) The MiSTEM advisory
council is created. The MiSTEM advisory council shall provide to the governor,
legislature, department of labor and economic opportunity, and department
recommendations designed to improve and promote innovation in STEM education
and to prepare students for careers in science, technology, engineering, and
mathematics.
(b) The MiSTEM advisory
council created under subdivision (a) consists of the following members:
(i) The governor shall appoint 11 voting members who are
representative of business sectors that are important to Michigan's economy and
rely on a STEM-educated workforce, nonprofit organizations and associations
that promote STEM education, K-12 and postsecondary education entities involved
in STEM-related career education, or other sectors as considered appropriate by
the governor. Each of these members serves at the pleasure of the governor and
for a term determined by the governor.
(ii) The senate majority leader shall appoint 2 members of the
senate to serve as nonvoting, ex-officio members of the MiSTEM advisory
council, including 1 majority party member and 1 minority party member.
(iii) The speaker of the house of representatives shall appoint
2 members of the house of representatives to serve as nonvoting, ex-officio
members of the MiSTEM advisory council, including 1 majority party member and 1
minority party member.
(iv) The governor shall appoint 1 state officer or employee to
serve as a nonvoting, ex-officio member of the MiSTEM advisory council.
(c) Each member of the MiSTEM
advisory council serves without compensation.
(d) The MiSTEM advisory
council annually shall review and make recommendations to the governor, the
legislature, and the department concerning changes to the statewide strategy
adopted by the council for delivering STEM education-related opportunities to
pupils. The MiSTEM advisory council shall use funds received under this
subsection to ensure that its members or their designees are trained in the
Change the Equation STEMworks rating system program for the purpose of rating
STEM programs.
(3) (e) The MiSTEM advisory council
shall make specific funding recommendations for the funds allocated under
subsection (3) (4) by
December 15 of each fiscal year. Each specific funding recommendation must be
for a program approved by the MiSTEM advisory council. All of the following apply:
(a) To be eligible for MiSTEM advisory council
approval as described in this subsection, a
program must satisfy all of the following:
(i) Align with this state's academic standards.
(ii) Have STEMworks certification.
(iii) Provide project-based experiential learning, student
programming, or educator professional learning experiences.
(iv) Focus predominantly on classroom-based STEM experiences or
professional learning experiences.
(b) (f) The MiSTEM advisory council
shall approve programs that represent all network regions and include a diverse
array of options for students and educators and at least 1 program in each of
the following areas:
(i) Robotics.
(ii) Computer science or coding.
(iii) Engineering or bioscience.
(c) (g) The MiSTEM advisory council is
encouraged to work with the MiSTEM network to develop locally and regionally
developed programs and professional learning experiences for the programs on
the list of approved programs.
(d) (h) If the MiSTEM advisory council is
unable to make specific funding recommendations by December 15 of a fiscal
year, the department shall award and distribute the funds allocated under
subsection (3) (4) on
a competitive grant basis that at least follows the statewide STEM strategy
plan and rating system recommended by the MiSTEM
advisory council. Each grant must provide
STEM education-related opportunities for pupils.
(e) (i) The MiSTEM advisory council shall work with the executive
director of the MiSTEM network to implement the statewide STEM strategy adopted
by the MiSTEM advisory council.
(4) (3) From the
state school aid fund money allocated under subsection (1), there is allocated
for 2019-2020 2020-2021 an
amount not to exceed $3,050,000.00 for the purpose of funding programs under this section for 2019-2020, 2020-2021 as
recommended by the MiSTEM advisory council.
(5) (4) From the state school aid fund allocation
money allocated under subsection (1), there
is allocated an amount not to exceed $3,834,300.00
for 2019-2020 2020-2021 to support the activities and programs of the
MiSTEM network regions. In addition, from the federal funds allocated under
subsection (1), there is allocated for 2019-2020 2020-2021 an amount estimated at $235,000.00 from DED-OESE, title II,
mathematics and science partnership grants, for the purposes of this
subsection. From the money allocated under this subsection, the department
shall award the fiscal agent for each MiSTEM network region $200,000.00 for the base operations
of each region. The department shall distribute the remaining funds to each
fiscal agent in an equal amount per pupil, based on the number of K to 12
pupils enrolled in districts within each region in the immediately preceding
fiscal year.
(6) (5) A MiSTEM
network region shall do all of the following:
(a) Collaborate with the
career and educational advisory council that is located in the MiSTEM region to
develop a regional strategic plan for STEM education that creates a robust
regional STEM culture, that empowers STEM teachers, that integrates business
and education into the STEM network, and that ensures high-quality STEM
experiences for pupils. At a minimum, a regional STEM strategic plan should do
all of the following:
(i) Identify regional employer need for STEM.
(ii) Identify processes for regional employers and educators to
create guided pathways for STEM careers that include internships or
externships, apprenticeships, and other experiential engagements for pupils.
(iii) Identify educator professional development opportunities,
including internships or externships and apprenticeships, that integrate this
state's science standards into high-quality STEM experiences that engage
pupils.
(b) Facilitate regional
STEM events such as educator and employer networking and STEM career fairs to
raise STEM awareness.
(c) Contribute to the
MiSTEM website and engage in other MiSTEM network functions to further the
mission of STEM in this state in coordination with the MiSTEM advisory council and its executive
director.
(d) Facilitate
application and implementation of state and federal funds under this subsection
and any other grants or funds for the MiSTEM network region.
(e) Work with districts
to provide STEM programming and professional learning.
(f) Coordinate recurring
discussions and work with the career and educational advisory council to ensure
that feedback and best practices are being shared, including funding, program,
professional learning opportunities, and regional strategic plans.
(7) (6) From the state school aid funds fund money allocated under subsection (1), the
department shall distribute for 2019-2020 2020-2021 an amount not to exceed $750,000.00, in a form and manner
determined by the department, to those network regions able to provide curriculum and professional development support to
assist districts in implementing the Michigan merit curriculum components for
mathematics and science.
(8) (7) In order
to receive state or federal funds under subsection (4)
(5) or (6), (7), or to receive funds from private sources as
authorized under subsection (1), a grant recipient must allow access for the
department or the department's designee to audit all records related to the
program for which it receives those funds. The grant recipient shall reimburse
the state for all disallowances found in the audit.
(9) (8) In order
to receive state funds under subsection (4) (5) or (6), (7), a grant recipient must provide at least a 10% local
match from local public or private resources for the funds received under this
subsection.
(10) (9) Not later
than July 1, 2019 and July 1 of each year, thereafter, a MiSTEM
network region that receives funds under subsection (4)
(5) shall report to the executive director of the MiSTEM network in a form and manner prescribed by the executive director on
performance measures developed by the MiSTEM network regions and approved by
the executive director.
The performance measures must be designed to
ensure that the activities of the MiSTEM network are improving student academic
outcomes.
(11) (10) Not more
than 5% of a MiSTEM network region grant under subsection (4) (5) or (6) (7) may be retained
by a fiscal agent for serving as the fiscal agent of a MiSTEM network region.
(12) (11) From the
general fund allocation money
allocated under subsection (1), there is allocated an amount not to
exceed $300,000.00 to the department of technology, management, and budget labor and economic opportunity to support the functions of the executive director and executive assistant for the MiSTEM network, and for administrative, training, and
travel costs related to the MiSTEM advisory council. The executive
director and executive assistant for the MiSTEM network
shall do all of the following:
(a) Serve as a liaison
among and between the department, the department of technology, management, and budget,
labor and economic opportunity, the MiSTEM advisory council, the governor's future talent council, the MiSTEM regions,
and any other relevant organization or entity in a manner that creates a robust
statewide STEM culture, that empowers STEM teachers, that integrates business
and education into the STEM network, and that ensures high-quality STEM
experiences for pupils.
(b) Coordinate the
implementation of a marketing campaign, including, but not limited to, a
website that includes dashboards of outcomes, to build STEM awareness and
communicate STEM needs and opportunities to pupils, parents, educators, and the
business community.
(c) Work with the
department and the MiSTEM advisory council to coordinate, award, and monitor MiSTEM state and
federal grants to the MiSTEM network regions and conduct reviews of grant
recipients, including, but not limited to, pupil experience and feedback.
(d) Report to the
governor, the legislature, the department, and the MiSTEM advisory council
annually on the activities and performance of the MiSTEM network regions.
(e) Coordinate recurring
discussions and work with regional staff to ensure that a network or loop of
feedback and best practices are shared, including funding, programming,
professional learning opportunities, discussion of MiSTEM strategic vision, and
regional objectives.
(f) Coordinate major
grant application efforts with the MiSTEM
advisory council to assist regional staff
with grant applications on a local level. The MiSTEM
advisory council shall leverage private and
nonprofit relationships to coordinate and align private funds in addition to
funds appropriated under this section.
(g) Train state and
regional staff in the STEMworks rating system, in collaboration with the MiSTEM
advisory council and the department.
(h) Hire MiSTEM network
region staff in collaboration with the network region fiscal agent.
(13) (12) As used in
this section:
(a) "Career and
educational advisory council" means an advisory council to the local
workforce development boards located in a prosperity region consisting of
educational, employer, labor, and parent representatives.
(b) "DED" means
the United States Department of Education.
(c) "DED-OESE"
means the DED Office of Elementary and Secondary Education.
(d) "STEM" means science, technology, engineering, and
mathematics delivered in an integrated fashion using cross-disciplinary
learning experiences that can include language arts, performing and fine arts,
and career and technical education.
Sec. 99t. (1)
From the general fund appropriation under section 11, there is allocated an
amount not to exceed $1,500,000.00 $1,000,000.00 for 2018-2019
2020-2021 to purchase statewide
access to an online algebra tool that meets all of the following:
(a) Provides students statewide with complete access to
videos aligned with state standards including study guides and workbooks that
are aligned with the videos.
(b) Provides students statewide with access to a personalized
online algebra learning tool including adaptive diagnostics.
(c) Provides students statewide with dynamic algebra practice
assessments that emulate the state assessment with immediate feedback and help
solving problems.
(d) Provides students statewide with online access to algebra
help 24 hours a day and 7 days a week from study experts, teachers, and peers
on a moderated social networking platform.
(e) Provides an online algebra professional development
network for teachers.
(f) Is already provided under a statewide contract in at
least 1 other state that has a population of at least 18,000,000 but not more
than 19,000,000 according to the most recent decennial census and is offered in
that state in partnership with a public university.
(2) The department shall purchase the online algebra tool
that was chosen under this section in 2016-2017.
(3) A grantee receiving funding under this section shall
comply with the requirements of section 19b.
Sec. 99u. (1)
From the general fund appropriation money appropriated under section 11, there is
allocated for 2018-2019 2020-2021
an amount not to exceed $1,500,000.00 to purchase statewide access to an a provider that is a provider of both of the following:
(a)
An online mathematics tool that meets all of the following:
(i) (a) Provides students statewide with
complete access to mathematics support aligned with state standards through a
program that has all of the following elements:
(A)
(i) Student motivation.
(B) (ii) Valid and reliable assessments.
(C) (iii) Personalized learning pathways.
(D) (iv) Highly qualified, live teachers available all day and all
year.
(E) (v) Twenty-four-hour reporting.
(F) (vi) Content built for rigorous mathematics.
(ii) (b) Has a record of improving student mathematics scores in at
least 5 other states.
(iii) (c) Received funding under this section in 2017-2018.
(b) A program that provides
explicit, targeted literacy instruction within an individualized learning path
that continually adjusts to a pupil's needs. A program described in this
subdivision that is funded under this subsection must be funded through a grant
to a provider described in this subsection that also promotes literacy through
the teaching of critical language and literacy concepts, such as reading and
listening comprehension, basic vocabulary, academic language, grammar,
phonological awareness, phonics, and fluency.
(2) A grantee that
receives funding under this section shall comply with the requirements of
section 19b.
(3) In addition to the funds allocated under subsection (1),
from the general fund appropriation in section 11, there is allocated for
2018-2019 an amount not to exceed $500,000.00 for a software-based solution
designed to teach Spanish language literacy to students in pre-kindergarten
through first grade. A program funded under this subsection shall be a grant to
the eligible provider that promotes bilingualism and biliteracy, and is based
on research that shows how students who become proficient readers in their
first language have an easier time making the transition to reading proficiency
in a second language. A provider of programming under subsection (1) is the
eligible provider of programming under this subsection.
(4) In addition to the funds allocated under subsection (1),
from the general fund money appropriated in section 11, there is allocated for
2018-2019 an amount not to exceed $1,000,000.00 for a pilot program to provide
explicit, targeted literacy instruction within an individualized learning path
that continually adjusts to a pupil's needs. A program funded under this
subsection shall be a grant to the eligible provider that promotes literacy by
teaching critical language and literacy concepts such as reading and listening
comprehension, basic vocabulary, academic language, grammar, phonological
awareness, phonics, and fluency. A pilot program funded under this subsection
shall cover both the remainder of 2018-2019 and also the entire 2019-2020
school year. A provider of programming under subsection (1) is the eligible
provider of programming under this subsection.
(3) (5) Notwithstanding
section 17b, the department shall make payments made under this section shall
be made by not later than March 1, 2019.December 1, 2020.
Sec. 99w. (1)
From the general fund money appropriated under section 11, there is allocated
an amount not to exceed $500,000.00 $400,000.00 for 2018-2019
2020-2021 to facilitate a culture
of health and physical activity as part of daily life. Funding under this
section shall must
be a grant to the Michigan Fitness Foundation to work with the
department to invest in a physical education curriculum. Funding under this section
may support staff, evaluation, assessment, technology, meetings, training,
travel, materials, and other administrative expenses in support of an updated
physical education curriculum. Funding under this section may be used as
matching dollars to qualify for federal and private resources to support
physical education.
(2)
An entity that received funding under this section for 2018-2019 may expend
those funds through September 30, 2021.
(3)
(2) Notwithstanding
section 17b, the department shall make payments
made under this section shall be made by not later than March
1, 2019.December 1, 2020.
Sec. 99x. (1)
From the general fund money appropriated under section 11, there is allocated
for 2018-2019 2020-2021
an amount not to exceed $300,000.00
$1,000,000.00 for Teach for
America to host a summer training institute in the city of Detroit, recruit
teachers into a master teacher fellowship, and retain a committed alumni
community. A program funded under this section must provide coaching and
professional development, with the goal to produce highly effective teachers
that move pupils beyond their growth benchmarks.
(2) Notwithstanding section 17b, the
department shall make payments made
under this section shall
be made by not later
than March 1, 2019.December 1, 2020.
Sec. 99z. (1) From the
state school aid fund money appropriated in section 11, there is allocated an
amount not to exceed $5,000,000.00 for 2020-2021 for payments to eligible
districts described in subsection (3) to be used in the manner described in
subsection (4).
(2) A district seeking funding under this section shall
apply for the funding in a form and manner prescribed by the department.
(3) A district that meets all of the following is an
eligible district under this section:
(a) In its application described in subsection (2), the
district confirms its approval of a department-generated list that includes the
full name and personnel identification code for each eligible teacher employed
by the district in an assignment as described in subsection (8)(b)(i) and (ii) to whom it will provide a payment under subsection
(4) with the funding received under this section.
(b) The district agrees to provide to each eligible
teacher whose name is included on the list described in subdivision (a) a
payment of $500.00, in addition to the payment it will provide those eligible
teachers under subsection (4).
(c) The district agrees to pay each eligible teacher
the payment described in subdivision (b) and subsection (4) by not later than
45 days after receiving the disbursement of funds under this section from the
department.
(4) An eligible district that receives funding under
this section shall use that funding only as follows:
(a) If the eligible district is a district in which at
least 70% of the pupils in membership in the district for the immediately
preceding fiscal year were economically disadvantaged, to provide a payment of
$1,000.00 to each eligible teacher whose name is included on the list described
in subsection (3)(a).
(b) If the eligible district is not a district
described in subdivision (a), to provide a payment of $500.00 to each eligible
teacher whose name is included on the list described in subsection (3)(a).
(5) It is the intent of the legislature to provide for
funding so that an eligible teacher who receives a payment under this section
from the district to which he or she is assigned as described in this section
receives payments under this section through that eligible teacher's third year
of teaching at that district if that teacher remains continuously employed
full-time at that district during those 3 years. For purposes of this
subsection, an eligible teacher is considered continuously employed at a
district during a period for which he or she is on approved medical, parental,
or military leave.
(6) The funds allocated under this section for
2020-2021 are a work project appropriation, and any unexpended funds for
2020-2021 are carried forward into 2021-2022. The purpose of the work project
is to continue providing payments to eligible teachers as described in this
section. The estimated completion date of the work project is September 30,
2023.
(7) Notwithstanding section 17b, the department shall
make payments under this section on a schedule determined by the department.
(8) As used in this section:
(a) "Economically disadvantaged" means that
term as defined in section 31a.
(b) "Eligible teacher" means an individual
who meets all of the following:
(i) Is assigned a teacher assignment code in the registry
of educational personnel for the first time in the 2020-2021 school year.
(ii) Is assigned to a district in the registry of
educational personnel in the 2020-2021 school year.
(iii) Has completed a full school year as a full-time
teacher at the district to which he or she is assigned as described in
subparagraph (ii) or, through a cooperative agreement, at multiple
districts.
(iv) Holds a valid
Michigan teaching certificate or holds a full-year permit.
(v) Is employed by
the district or districts described in subparagraph (iii) on or before November 1, 2020.
(vi) Has not been
subject to any recorded disciplinary action during the school year.
(c) "Registry of educational personnel" means
the data collected biannually by the center on June 30 and the first business
day of December.
Sec. 101. (1) To be eligible to receive state aid under this article, not later than the fifth Wednesday after the pupil membership count day and not later than the fifth Wednesday after the supplemental count day, each district superintendent shall submit and certify to the center and the intermediate superintendent, in the form and manner prescribed by the center, the number of pupils enrolled and in regular daily attendance, or, for 2020-2021 only, the number of pupils engaged in pandemic learning for fall 2020 or the number of pupils engaged in pandemic learning for spring 2021, as applicable, or, for a district that operates as a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, the number of pupils enrolled and in regular daily attendance, including identification of tuition-paying pupils, in the district as of the pupil membership count day and as of the supplemental count day, as applicable, for the current school year. In addition, a district maintaining school during the entire year shall submit and certify to the center and the intermediate superintendent, in the form and manner prescribed by the center, the number of pupils enrolled and in regular daily attendance in the district or, for 2020-2021 only, the number of pupils engaged in pandemic learning for fall 2020 or the number of pupils engaged in pandemic learning for spring 2021, as applicable, or, for a district that operates as a cyber school, as that term is defined in section 551 of the revised school code, MCL 380.551, the number of pupils enrolled and in regular daily attendance, for the current school year pursuant to rules promulgated by the superintendent. Not later than the sixth Wednesday after the pupil membership count day and not later than the sixth Wednesday after the supplemental count day, the district shall resolve any pupil membership conflicts with another district, correct any data issues, and recertify the data in a form and manner prescribed by the center and file the certified data with the intermediate superintendent. If a district fails to submit and certify the attendance data, as required under this subsection, the center shall notify the department and the department shall withhold state aid due to be distributed under this article from the defaulting district immediately, beginning with the next payment after the failure and continuing with each payment until the district complies with this subsection. If a district does not comply with this subsection by the end of the fiscal year, the district forfeits the amount withheld. A person who willfully falsifies a figure or statement in the certified and sworn copy of enrollment is subject to penalty as prescribed by section 161. As used in this subsection, "pupils engaged in pandemic learning for spring 2021" means that term as defined in section 6a.
(2) To be eligible to receive state aid under this article, not later than the twenty-fourth Wednesday after the pupil membership count day and not later than the twenty-fourth Wednesday after the supplemental count day, an intermediate district shall submit to the center, in a form and manner prescribed by the center, the audited enrollment and attendance data as described in subsection (1) for the pupils of its constituent districts and of the intermediate district. If an intermediate district fails to submit the audited data as required under this subsection, the department shall withhold state aid due to be distributed under this article from the defaulting intermediate district immediately, beginning with the next payment after the failure and continuing with each payment until the intermediate district complies with this subsection. If an intermediate district does not comply with this subsection by the end of the fiscal year, the intermediate district forfeits the amount withheld.
(3) Except as otherwise provided in subsections (11), (12), and (13), all of the following apply to the provision of pupil instruction:
(a) Except as otherwise provided in this section, each district shall provide at least 1,098 hours and 180 days of pupil instruction. If a collective bargaining agreement that provides a complete school calendar was in effect for employees of a district as of June 24, 2014, and if that school calendar is not in compliance with this subdivision, then this subdivision does not apply to that district until after the expiration of that collective bargaining agreement. A district may apply for a waiver under subsection (9) from the requirements of this subdivision.
(b) Except as otherwise provided in this article, a district failing to comply with the required minimum hours and days of pupil instruction under this subsection forfeits from its total state aid allocation an amount determined by applying a ratio of the number of hours or days the district was in noncompliance in relation to the required minimum number of hours and days under this subsection. Not later than August 1, the board of each district shall either certify to the department that the district was in full compliance with this section regarding the number of hours and days of pupil instruction in the previous school year, or report to the department, in a form and manner prescribed by the center, each instance of noncompliance. If the district did not provide at least the required minimum number of hours and days of pupil instruction under this subsection, the department shall make the deduction of state aid in the following fiscal year from the first payment of state school aid. A district is not subject to forfeiture of funds under this subsection for a fiscal year in which a forfeiture was already imposed under subsection (6).
(c) Hours or days lost because of strikes or teachers' conferences are not counted as hours or days of pupil instruction.
(d) Except as otherwise provided in subdivisions (e), (f), and (h), if a district does not have at least 75% of the district's membership in attendance on any day of pupil instruction, the department shall pay the district state aid in that proportion of 1/180 that the actual percent of attendance bears to 75%.
(e) If a district adds 1 or more days of pupil instruction to the end of its instructional calendar for a school year to comply with subdivision (a) because the district otherwise would fail to provide the required minimum number of days of pupil instruction even after the operation of subsection (4) due to conditions not within the control of school authorities, then subdivision (d) does not apply for any day of pupil instruction that is added to the end of the instructional calendar. Instead, for any of those days, if the district does not have at least 60% of the district's membership in attendance on that day, the department shall pay the district state aid in that proportion of 1/180 that the actual percentage of attendance bears to 60%. For any day of pupil instruction added to the instructional calendar as described in this subdivision, the district shall report to the department the percentage of the district's membership that is in attendance, in the form and manner prescribed by the department.
(f) At the request of a district that operates a department-approved alternative education program and that does not provide instruction for pupils in all of grades K to 12, the superintendent shall grant a waiver from the requirements of subdivision (d). The waiver must provide that an eligible district is subject to the proration provisions of subdivision (d) only if the district does not have at least 50% of the district's membership in attendance on any day of pupil instruction. In order to be eligible for this waiver, a district must maintain records to substantiate its compliance with the following requirements:
(i) The district offers the minimum hours of pupil instruction as
required under this section.
(ii) For each enrolled pupil, the
district uses appropriate academic assessments to develop an individual
education plan that leads to a high school diploma.
(iii) The district tests each pupil to
determine academic progress at regular intervals and records the results of
those tests in that pupil's individual education plan.
(g) All
of the following apply to a waiver granted under subdivision (f):
(i) If the waiver is for a blended
model of delivery, a waiver that is granted for the 2011-2012 fiscal year or a
subsequent fiscal year remains in effect unless it is revoked by the
superintendent.
(ii) If the waiver is for a 100% online
model of delivery and the educational program for which the waiver is granted
makes educational services available to pupils for a minimum of at least 1,098
hours during a school year and ensures that each pupil participates in the
educational program for at least 1,098 hours during a school year, a waiver
that is granted for the 2011-2012 fiscal year or a subsequent fiscal year
remains in effect unless it is revoked by the superintendent.
(iii) A waiver that is not a waiver
described in subparagraph (i) or (ii) is valid for 1 3 fiscal year years, unless it is revoked by the
superintendent, and must be renewed annually at the end of the 3-year period to remain in
effect.
(h) For
the 2020-2021 school year only, subdivision (d) does not apply for any day of
pupil instruction. However, for the 2020-2021 school year only, a district
shall ensure that 1 2-way interaction occurs between a pupil enrolled in the
district and the pupil's teacher or at least 1 of the pupil's teachers or another district employee who has
responsibility for the pupil's learning, grade progression, or academic
progress during each month of the school year for at least 75% of
pupils enrolled in the district. As
used in the immediately preceding sentence, "school year" means a
period comprising at least 9 calendar months that are chosen by a district and
that are designated as part of the district's 2020-2021 school year. If
a district does not ensure that the interactions required under this
subdivision occur for at least 75% of pupils enrolled in the district during each month of the school
year, as required
under this subdivision, the department shall pay the district
state aid in that proportion of 1/10 1/9 that the actual percentage of interaction
during each month bears to 75%. As used in this subdivision, "2-way
interaction" means a communication that occurs between a pupil and the
pupil's teacher or at least 1 of the pupil's teachers or another district employee who has responsibility for
the pupil's learning, grade progression, or academic progress,
where 1 party initiates communication and a response from the other party
follows that communication, and that is relevant to course progress or course content
for at least 1 of the courses in which the pupil is enrolled or relevant to the pupil's overall
academic progress or grade progression. Responses, as described
in this subdivision, must be to the communication initiated by the teacher, by another district employee who has
responsibility for the pupil's learning, grade progression, or academic
progress, or by the pupil, and not some other action taken. The
communication described in this subdivision may occur through, but is not
limited to, any of the following means:
(i) Electronic mail.
(ii) Telephone.
(iii) Instant messaging.
(iv) Face-to-face conversation.
(i) The
superintendent shall promulgate rules for the implementation of this
subsection.
(4)
Except as otherwise provided in this subsection, the first 6 days or the
equivalent number of hours for which pupil instruction is not provided because
of conditions not within the control of school authorities, such as severe
storms, fires, epidemics, utility power unavailability, water or sewer failure,
or health conditions as defined by the city, county, or state health
authorities, are counted as hours and days of pupil instruction. With the
approval of the superintendent of public instruction, the department shall
count as hours and days of pupil instruction for a fiscal year not more than 3
additional days or the equivalent number of additional hours for which pupil
instruction is not provided in a district due to unusual and extenuating
occurrences resulting from conditions not within the control of school
authorities such as those conditions described in this subsection. Subsequent
such hours or days are not counted as hours or days of pupil instruction.
(5) A
district does not forfeit part of its state aid appropriation because it adopts
or has in existence an alternative scheduling program for pupils in
kindergarten if the program provides at least the number of hours required
under subsection (3) for a full-time equated membership for a pupil in
kindergarten as provided under section 6(4).
(6) In addition
to any other penalty or forfeiture under this section, if at any time the
department determines that 1 or more of the following have occurred in a
district, the district forfeits in the current fiscal year beginning in the
next payment to be calculated by the department a proportion of the funds due
to the district under this article that is equal to the proportion below the
required minimum number of hours and days of pupil instruction under subsection
(3), as specified in the following:
(a) The
district fails to operate its schools for at least the required minimum number
of hours and days of pupil instruction under subsection (3) in a school year,
including hours and days counted under subsection (4).
(b) The
board of the district takes formal action not to operate its schools for at
least the required minimum number of hours and days of pupil instruction under
subsection (3) in a school year, including hours and days counted under
subsection (4).
(7) In
providing the minimum number of hours and days of pupil instruction required
under subsection (3), a district shall use the following guidelines, and a
district shall maintain records to substantiate its compliance with the
following guidelines:
(a)
Except as otherwise provided in this subsection, a pupil must be scheduled for
at least the required minimum number of hours of instruction, excluding study
halls, or at least the sum of 90 hours plus the required minimum number of
hours of instruction, including up to 2 study halls.
(b) The
time a pupil is assigned to any tutorial activity in a block schedule may be
considered instructional time, unless that time is determined in an audit to be
a study hall period.
(c)
Except as otherwise provided in this subdivision, a pupil in grades 9 to 12 for
whom a reduced schedule is determined to be in the individual pupil's best
educational interest must be scheduled for a number of hours equal to at least
80% of the required minimum number of hours of pupil instruction to be
considered a full-time equivalent pupil. A pupil in grades 9 to 12 who is
scheduled in a 4-block schedule may receive a reduced schedule under this
subsection if the pupil is scheduled for a number of hours equal to at least
75% of the required minimum number of hours of pupil instruction to be
considered a full-time equivalent pupil.
(d) If
a pupil in grades 9 to 12 who is enrolled in a cooperative education program or
a special education pupil cannot receive the required minimum number of hours
of pupil instruction solely because of travel time between instructional sites
during the school day, that travel time, up to a maximum of 3 hours per school
week, is considered to be pupil instruction time for the purpose of determining
whether the pupil is receiving the required minimum number of hours of pupil
instruction. However, if a district demonstrates to the satisfaction of the
department that the travel time limitation under this subdivision would create
undue costs or hardship to the district, the department may consider more
travel time to be pupil instruction time for this purpose.
(e) In
grades 7 through 12, instructional time that is part of a Junior Reserve
Officer Training Corps (JROTC) program is considered to be pupil instruction
time regardless of whether the instructor is a certificated teacher if all of
the following are met:
(i) The instructor has met all of the
requirements established by the United States Department of Defense and the
applicable branch of the armed services for serving as an instructor in the
Junior Reserve Officer Training Corps program.
(ii) The board of the district or
intermediate district employing or assigning the instructor complies with the
requirements of sections 1230 and 1230a of the revised school code, MCL
380.1230 and 380.1230a, with respect to the instructor to the same extent as if
employing the instructor as a regular classroom teacher.
(8)
Except as otherwise provided in subsections (11), (12), and (13), the
department shall apply the guidelines under subsection (7) in calculating the
full-time equivalency of pupils.
(9)
Upon application by the district for a particular fiscal year, the
superintendent shall waive for a district the minimum number of hours and days
of pupil instruction requirement of subsection (3) for a department-approved
alternative education program or another innovative program approved by the
department, including a 4-day school week. If a district applies for and
receives a waiver under this subsection and complies with the terms of the
waiver, the district is not subject to forfeiture under this section for the
specific program covered by the waiver. If the district does not comply with
the terms of the waiver, the amount of the forfeiture is calculated based upon
a comparison of the number of hours and days of pupil instruction actually
provided to the minimum number of hours and days of pupil instruction required
under subsection (3). A district shall report pupils enrolled in a
department-approved alternative education program under this subsection to the
center in a form and manner determined by the center. All of the following
apply to a waiver granted under this subsection:
(a) If
the waiver is for a blended model of delivery, a waiver that is granted for the
2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it
is revoked by the superintendent.
(b) If
the waiver is for a 100% online model of delivery and the educational program
for which the waiver is granted makes educational services available to pupils
for a minimum of at least 1,098 hours during a school year and ensures that
each pupil is on track for course completion at proficiency level, a waiver
that is granted for the 2011-2012 fiscal year or a subsequent fiscal year
remains in effect unless it is revoked by the superintendent.
(c) A
waiver that is not a waiver described in subdivision (a) or (b) is valid for 1 3 fiscal year years, unless it is revoked by the
superintendent, and must be renewed annually at the end of the 3-year period to remain in
effect.
(10) A
district may count up to 38 hours of qualifying professional development for
teachers as hours of pupil instruction. All of the following apply to the
counting of qualifying professional
development as pupil instruction under this subsection:
(a) If qualifying the professional
development exceeds 5 hours in a single day, that day may be counted as a day
of pupil instruction.
(b) At
least 8 hours of the qualifying
professional development counted as hours of pupil instruction
under this subsection must be recommended by a districtwide professional
development advisory committee appointed by the district board. The advisory
committee must be composed of teachers employed by the district who represent a
variety of grades and subject matter specializations, including special
education; nonteaching staff; parents; and administrators. The majority
membership of the committee shall
must be
composed of teaching staff.
(c) Professional
development provided online is allowable and encouraged, as long as the
instruction has been approved by the district. The department shall issue a
list of approved online professional development providers , which that must include the
Michigan Virtual School.
(d) Qualifying professional Professional development
may only be counted as hours of pupil instruction under this subsection for the pupils of those
teachers scheduled to participate in the qualifying professional development.
(e) For professional The professional development
to be considered qualifying
professional development under this subsection, the professional development must
meet all of the following to be
counted as pupil instruction under this subsection:
(i) Is Be aligned to the school or district
improvement plan for the school or district in which the professional
development is being provided.
(ii) Is Be linked to 1 or more criteria in the
evaluation tool developed or adopted by the district or intermediate district
under section 1249 of the revised school code, MCL 380.1249.
(iii) Has been approved by the
department as counting for state continuing education clock hours. The number
of hours of professional development counted as hours of pupil instruction under this subsection
may not exceed the number of state continuing education clock hours for which
the qualifying professional
development was approved.
(iv) Not more than a combined total of
10 hours of the professional development takes place before the first scheduled
day of school for the school year ending in the fiscal year and after the last
scheduled day of school for that school year.
(v) No Not more than 10 hours of qualifying the professional
development takes place in a single month.
(vi) At least 75% of teachers scheduled
to participate in the professional development are in attendance.
(11)
Subsections (3) and (8) do not apply to a school of excellence that is a cyber
school, as that term is defined in section 551 of the revised school code, MCL
380.551, and is in compliance with section 553a of the revised school code, MCL
380.553a.
(12)
Subsections (3) and (8) do not apply to eligible pupils enrolled in a dropout
recovery program that meets the requirements of section 23a. As used in this
subsection, "eligible pupil" means that term as defined in section
23a.
(13)
For the 2020-2021 school year only, the minimum number of hours and days of
pupil instruction requirement under subsection (3) is waived for all districts. However, for the
2020-2021 school year only, districts shall, each district that, at
a minimum, provide provides pupil
instruction for the 2020-2021
school year at school, at a different location, in person,
online, digitally, by other remote means, in a synchronous or asynchronous
format, or through any combination therein that results in an amount of hours
and days necessary to deliver the educational or course content that would have
been delivered in 180 days and 1,098 hours in a school year in which pandemic
learning was not provided and that would have led to course completion. As used
in this subsection, "pandemic learning" means a mode of pupil
instruction provided as a result of the COVID-19 pandemic.
(14) At
least every 2 years the superintendent shall review the waiver standards set
forth in the pupil accounting and auditing manuals to ensure that the waiver
standards and waiver process continue to be appropriate and responsive to
changing trends in online learning. The superintendent shall solicit and
consider input from stakeholders as part of this review.
Sec. 104. (1) In order to receive state aid under this
article, a district shall comply with sections 1249, 1278a, 1278b, 1279g, and
1280b of the revised school code, MCL 380.1249, 380.1278a, 380.1278b,
380.1279g, and 380.1280b, and 1970 PA 38, MCL 388.1081 to 388.1086. Subject to
subsection (2), from the state school aid fund money appropriated in section
11, there is allocated for 2019-2020 2020-2021 an amount not to exceed $26,009,400.00 $31,009,400.00 for
payments on behalf of districts for costs associated with complying with those
provisions of law. In addition, from the federal funds appropriated in section
11, there is allocated for 2019-2020 2020-2021 an amount estimated at $6,250,000.00, $6,250,000.00 funded
from DED-OESE, title VI, state assessment funds, and from DED-OSERS, section
504 of part B of the individuals with disabilities education act, Public Law
94-142, plus any carryover federal funds from previous year appropriations, for
the purposes of complying with the every student succeeds act, Public Law
114-95.
(2) The results of each
test administered as part of the Michigan student test of educational progress
(M-STEP), including tests administered to high school students, must include an
item analysis that lists all items that are counted for individual pupil scores
and the percentage of pupils choosing each possible response. The department
shall work with the center to identify the number of students enrolled at the
time assessments are given by each district. In calculating the percentage of
pupils assessed for a district's scorecard, the department shall use only the
number of pupils enrolled in the district at the time the district administers
the assessments and shall exclude pupils who enroll in the district after the
district administers the assessments.
(3) The department shall
distribute federal funds allocated under this section in accordance with
federal law and with flexibility provisions outlined in Public Law 107-116, and
in the education flexibility partnership act of 1999, Public Law 106-25.
(4) From the funds
allocated in subsection (1), there is allocated an amount not to exceed $2,500,000.00 $1,500,000.00 to
an intermediate district described in this subsection for,
except as otherwise provided in this subsection, statewide
implementation of the Michigan kindergarten entry observation tool (MKEO), beginning in the fall of
2019, utilizing the Maryland-Ohio observational tool, also referred to
as the Kindergarten Readiness Assessment, as piloted under this subsection in
2017-2018 and implemented in 2018-2019 and 2019-2020. The funding in this
subsection is allocated to an intermediate district in prosperity region 9 with
at least 3,000 kindergarten pupils enrolled in its constituent districts. It is the intent of the legislature that funding will not be
allocated under this subsection for 2020-2021 for the purposes under this
subsection and that statewide implementation of the Michigan kindergarten entry
observation tool (MKEO), as described in this subsection, will be suspended for
2020-2021. An intermediate district described in
this subsection is not required to carry out the statewide implementation of
the Michigan kindergarten entry observation tool (MKEO), as described in this
subsection, for the fall of 2020. It is the intent of the legislature to
account for health, safety, and welfare concerns related to the COVID-19
pandemic by temporarily suspending the requirement for statewide implementation
of the Michigan kindergarten entry observation tool (MKEO) under this
subsection for the fall of 2020. All of the following apply to the
implementation of the kindergarten entry observation tool under this
subsection:
(a) The department, in
collaboration with all intermediate districts, shall ensure that the Michigan
kindergarten entry observation tool is administered in each kindergarten
classroom to either the full census of kindergarten pupils enrolled in the
classroom or to a representative sample of not less than 35% of the total
kindergarten pupils enrolled in each classroom. If a district elects to
administer the Michigan kindergarten entry observation tool to a random sample
of pupils within each classroom, the district's intermediate district shall
select the pupils who will receive the assessment based on the same random
method. Beginning in 2021, the observation tool must be administered within 45
days after the start of the school year.
(b) The intermediate
district that receives funding under this subsection, in collaboration with all
other intermediate districts, shall implement a "train the trainer"
professional development model on the usage of the Michigan kindergarten entry
observation tool. This training model must provide training to intermediate
district staff so that they may provide similar training for staff of their
constituent districts. This training model must also ensure that the tool
produces reliable data and that there are a sufficient number of trainers to
train all kindergarten teachers statewide.
(c) By March 1, 2022,
and each year thereafter, the department and the intermediate district that
receives funding under this subsection shall report to the house and senate
appropriations subcommittees on state school aid, the house and senate fiscal
agencies, and the state budget director on the results of the statewide
implementation, including, but not limited to, an evaluation of the
demonstrated readiness of kindergarten pupils statewide and the effectiveness
of state and federal early childhood programs that are designed for school
readiness under this state's authority, including the great start readiness
program and the great start readiness/Head Start blended program, as referenced
under section 32d. By September 1, 2022, and each year thereafter, the department
and the center shall provide a method for districts and public school academies
with kindergarten enrollment to look up and verify their student enrollment
data for pupils who were enrolled in a publicly funded early childhood program
in the year before kindergarten, including the individual great start readiness
program, individual great start readiness/Head Start blended program,
individual title I preschool program, individual section 31a preschool program,
individual early childhood special education program, or individual
developmental kindergarten or program for young 5-year-olds in which each
tested child was enrolled. A participating district shall analyze the data to
determine whether high-performing children were enrolled in any specific early
childhood program and, if so, report that finding to the department and to the
intermediate district that receives funding under this subsection.
(d) The department shall
approve the language and literacy domain within the Kindergarten Readiness Assessment
for use by districts as an initial assessment that may be delivered to all
kindergarten pupils to assist with identifying any possible area of concern for
a pupil in English language arts.
(e) As used in this
subsection:
(i) "Kindergarten" includes a classroom for young
5-year-olds, commonly referred to as "young 5s" or
"developmental kindergarten".
(ii) "Representative sample" means a sample capable of
producing valid and reliable assessment information on all or major subgroups
of kindergarten pupils in a district.
(5) The department may
recommend, but may not require, districts to allow pupils to use an external
keyboard with tablet devices for online M-STEP testing, including, but not
limited to, open-ended test items such as constructed response or equation
builder items.
(6) Notwithstanding
section 17b, the department shall make payments on behalf of districts,
intermediate districts, and other eligible entities under this section on a
schedule determined by the department.
(7) From the allocation
in subsection (1), there is allocated an amount not to exceed $500,000.00 for 2019-2020 2020-2021 for
the operation of an online reporting tool to provide student-level assessment
data in a secure environment to educators, parents, and pupils immediately
after assessments are scored. The department and the center shall ensure that
any data collected by the online reporting tool do not provide individually
identifiable student data to the federal government.
(8) In order to receive
state aid under this article for 2020-2021, a district shall meet both of the
following requirements:
(a) Within the first 9
weeks of the 2020-2021 school year, the district shall administer 1 or more
benchmark assessments provided by a provider approved under subsection (9),
benchmark assessments described in subsection (10), or local benchmark
assessments, or any combination thereof, to all pupils in grades K to 8 to
measure proficiency in reading and mathematics.
(b) In addition to the
benchmark assessment or benchmark assessments administered under subdivision
(a), by not later than the last day of the 2020-2021 school year, the district
shall administer 1 or more benchmark assessments provided by a provider
approved under subsection (9), benchmark assessments described in subsection
(10), or local benchmark assessments, or any combination thereof, to all pupils
in grades K to 8 to measure proficiency in reading and mathematics.
(9) The department shall
approve at least 4 but not more than 5 providers of benchmark assessments for
the purposes of subsection (8). The department shall inform districts of all of
the providers approved under this subsection in an equitable manner. The
benchmark assessments provided for the purposes of subsection (8) by approved
providers under this subsection, with the exclusion of the benchmark assessment
described in subsection (14), must meet all of the following:
(a) Be 1 of the most
commonly administered benchmark assessments in this state.
(b) Be aligned to the
content standards of this state.
(c) Complement the
state's summative assessment system.
(d) Be
internet-delivered and include a standards-based remote,
in-person, or both remote and in-person assessment using a
computer-adaptive model to target the instructional level of each pupil.
(e) Provide information
on pupil achievement with regard to learning content required in a given year
or grade span.
(f) Provide immediate
feedback to pupils and teachers.
(g) Be nationally
normed.
(h) Provide multiple
measures of growth and provide for multiple testing opportunities.
(10) A district may
administer 1 or more of the following benchmark assessments toward meeting the
requirement under subsection (8):
(a) A benchmark
assessment in reading for students in grades K to 9 that contains progress
monitoring tools and enhanced diagnostic assessments.
(b) A benchmark
assessment in math for students in grades K to 8 that contains progress
monitoring tools.
(11) To the extent
practicable, if a district administers a benchmark assessment or benchmark
assessments under this section, the district shall administer the same
benchmark assessment or benchmark assessments provided by a provider approved
under subsection (9), benchmark assessment or benchmark assessments described
in subsection (10), or local benchmark assessment or local benchmark
assessments that it administered to pupils in previous school years, as
applicable.
(12) By not later than
June 30, 2021, a district shall send the aggregate district-level data from a
benchmark assessment or benchmark assessments, excluding data from a local
benchmark assessment or local benchmark assessments, administered under this
section to a regional data hub that is part of the Michigan data hub network
that shall compile the data and send it to the center. Not later than August September 1,
2021, the department and the center shall provide a report to the governor and
the senate and house standing committees responsible for education legislation
identifying the number and percentage of pupils in this state who are
significantly behind grade level as determined by the department and the center
based on the data provided to the center under this subsection. The benchmark
assessment data under this subsection may also be used to measure pupils'
growth based on their performance on state summative assessments to identify
districts and schools where pupil achievement has increased or decreased.
However, the benchmark assessment data under this subsection must not be
utilized for the state accountability system. It is the intent of the
legislature that the benchmark assessment data under this subsection be
primarily utilized to determine the loss of learning, if any, resulting from
the COVID-19 pandemic. After the administration of statewide assessments
resumes, the department shall also provide a report to the governor and the
senate and house standing committees responsible for education legislation
identifying the specific pupil groups whose expected trajectory toward
grade-level proficiency were most impacted by school closures that occurred
pursuant to the COVID-19 pandemic.
(13) If a district
administers a benchmark assessment or benchmark assessments under this section,
the district shall provide each pupil's data from the benchmark assessment or
benchmark assessments, as available, to the pupil's parent or legal guardian
within 30 days of administering the benchmark assessment or benchmark
assessments.
(14) The department shall
make 1 of the benchmark assessments provided by a provider approved under
subsection (9) available to districts at no cost to the districts. The
benchmark assessment described in this subsection must meet all of the
following:
(a) Be aligned to the
content standards of this state.
(b) Complement the
state's summative assessment system.
(c) Be
internet-delivered and include a standards-based assessment.
(d) Provide information
on pupil achievement with regard to learning content required in a given year or
grade span.
(e) Provide timely
feedback to pupils and teachers.
(f) Be nationally
normed.
(g) Provide information
to educators about student growth and allow for multiple testing opportunities.
(15) If a local
benchmark assessment or local benchmark assessments are administered under
subsection (8), the district shall report to the department and the center, in
a form and manner prescribed by the center, the local benchmark assessment or
local benchmark assessments that were administered and how that assessment or
those assessments measure changes, including any losses, as applicable, in
learning, and the district's plan for addressing any losses in learning.
(16) It is the intent of the
legislature to appropriate funding for a study to be conducted by a From the general fund money
appropriated in section 11, there is allocated for 2020-2021 an amount not to
exceed $150,000.00 to a higher
education institution or other entity that is not a state governmental entity
that has expertise in conducting a study described in this subsection . It is the intent of the
legislature that the study described in this subsection must, to conduct a study that, at
a minimum, accomplish accomplishes all of the
following:
(a) Provide Provides for an
assessment of the distance-learning programs utilized in this state that were
effective at meeting educational goals and attainment.
(b) Provide Provides for an
assessment of how the programs described in subdivision (a) operated.
(c) Provide Provides for an
assessment of the best practices implemented by the programs described in
subdivision (a) that should be replicated by schools engaged in distance
learning.
(d) Note Notes distance-learning
models that were ineffective in achieving educational goals.
(17) As used in this
section:
(a) "DED"
means the United States Department of Education.
(b) "DED-OESE"
means the DED Office of Elementary and Secondary Education.
(c)
"DED-OSERS" means the DED Office of Special Education and
Rehabilitative Services.
Sec. 104f. (1) From the general fund
money appropriated under section 11, there is allocated an amount not to exceed
$500,000.00 for the implementation of an assessment digital literacy
preparation program for pupils enrolled in grades K to 8 for 2020-2021. The
department shall ensure that a program funded under this subsection satisfies
all of the following:
(a)
Is available to districts in the 2020-2021 school year.
(b)
Focuses on ensuring pupils have the necessary skills required for state online
assessments by assessing pupil digital literacy skill levels and providing
teachers with a digital curriculum targeted at areas of determined weakness.
(c)
Allows pupils to engage with the digital curriculum in an independent or
teacher-facilitated modality.
(d)
Includes training and professional development for teachers.
(e)
Is implemented in at least 100 districts that operate grades K to 8 and that
represent a diverse geography and socio-economic demographic.
(2)
Funding under subsection (1) must be allocated to a district that did not
receive funding under former section 104e for 2017-2018 and that operates at
least grades K to 8 and has a partnership with a third party that is
experienced in the assessment of digital literacy and the preparation of
digital literacy skills and has demonstrable experience serving districts in
this state and local education agencies in 10 other states. The district, along
with its third-party partner, shall provide a report to the house and senate
appropriations subcommittees on state school aid and the house and senate
fiscal agencies on the efficacy and usefulness of the assessment digital
literacy preparation program no later than July 1, 2021.
(3)
Notwithstanding section 17b, the department shall make payments under
subsection (1) by not later than December 1, 2020.
Sec. 104g. (1) For the 2020-2021
school year only, a district shall make the SAT available in the fall of 2020
to pupils who were in grade 11 during the 2019-2020 school year and who were
not able to take the examination during the 2019-2020 school year.
(2)
For the 2020-2021 school year only, a district shall make the PSAT available in
the fall of 2020 to pupils who were in grades 8, 9, and 10 during the 2019-2020
school year and who were not able to take the examination during the 2019-2020
school year.
(3)
The examinations offered by a district in subsections (1) and (2) are not
considered state summative assessments or the college entrance portion of the
Michigan merit examination for the 2020-2021 school year.
(4)
Pupils must be encouraged but not required to take the examinations under subsections
(1) and (2).
Sec. 105. (1) In
order to avoid a penalty under this section, and in order to count a
nonresident pupil residing within the same intermediate district in membership without
the approval of the pupil's district of residence, a district shall must
comply with this section.
(2) Except as otherwise provided in this section, a district
shall determine whether or not it will accept applications for enrollment by
nonresident applicants residing within the same intermediate district for the
next school year. If the district determines to accept applications for
enrollment of a number of nonresidents, beyond those entitled to preference
under this section, the district shall use the following procedures for
accepting applications from and enrolling nonresidents:
(a) The district shall publish the grades, schools, and
special programs, if any, for which enrollment may be available to, and for
which applications will be accepted from, nonresident applicants residing
within the same intermediate district.
(b) If the district has a limited number of positions
available for nonresidents residing within the same intermediate district in a
grade, school, or program, all of the following apply to accepting applications
for and enrollment of nonresidents in that grade, school, or program:
(i) The district shall do
all of the following not later than the second Friday in August:
(A) Provide notice to
the general public that applications will be taken for a period of at least 15
calendar days but not more than 30 calendar days from nonresidents residing
within the same intermediate district for enrollment in that grade, school, or program.
The notice shall must identify
the dates of the application period and the place and manner for submitting
applications.
(B) During the
application period under sub-subparagraph (A), accept applications from
nonresidents residing within the same intermediate district for enrollment in
that grade, school, or program.
(C) Within 15 calendar
days after the end of the application period under sub-subparagraph (A) or, for 2020-2021 only, not later than October 13, 2020,
using the procedures and preferences required under this section, determine
which nonresident applicants will be allowed to enroll in that grade, school,
or program, using the random draw system required under subsection (14) as
necessary, and notify the parent or legal guardian of each nonresident
applicant of whether or not the applicant may enroll in the district. The
notification to parents or legal guardians of nonresident applicants accepted
for enrollment shall must
contain notification of the date by which the applicant must enroll in
the district and procedures for enrollment. The date for enrollment shall must be no later
than the end of the first week of school, or, for
2020-2021 only, not later than October 13, 2020.
(ii) Beginning on the third Monday in August and not later than
the end of the first week of school , or, for 2020-2021 only, not
later than October 13, 2020, if any positions become available in a
grade, school, or program due to accepted applicants failing to enroll or to
more positions being added, the district may enroll nonresident applicants from
the waiting list maintained under subsection (14), offering enrollment in the
order that applicants appear on the waiting list. If there are still positions
available after enrolling all applicants from the waiting list who desire to
enroll, the district may not fill those positions until the second semester or
trimester enrollment under subsection (3), as provided under that subsection,
or until the next school year.
(c) For a grade, school,
or program that has an unlimited number of positions available for nonresidents
residing within the same intermediate district, all of the following apply to
enrollment of nonresidents in that grade, school, or program:
(i) The district may accept applications for enrollment in that
grade, school, or program, and may enroll nonresidents residing within the same
intermediate district in that grade, school, or program , until the end of the first week of school or, for 2020-2021 only, the district may enroll nonresidents residing
within the same intermediate district in that grade, school, or program until
October 13, 2020 if the application was received by the end of the first week
of school. The district shall provide notice to the general public of
the place and manner for submitting applications and, if the district has a
limited application period, the notice shall must include the dates of the application period. The
application period shall be at least a 15-calendar-day period.
(ii) Not later than the end of the first week of school , or, for 2020-2021 only, not later than October 13, 2020, the
district shall notify the parent or legal guardian of each nonresident
applicant who is accepted for enrollment that the applicant has been accepted
for enrollment in the grade, school, or program and of the procedures for
enrollment. The date for enrollment shall must be no later than the end of the first week of
school or, for 2020-2021 only, not later than October 13,
2020.
(3) If a district
determines during the first semester or trimester of a school year that it has
positions available for enrollment of a number of nonresidents residing within
the same intermediate district, beyond those entitled to preference under this
section, for the second semester or trimester of the school year, the district
may accept applications from and enroll nonresidents residing within the same
intermediate district for the second semester or trimester using the following
procedures:
(a) Not later than 2
weeks before the end of the first semester or trimester, the district shall
publish the grades, schools, and special programs, if any, for which enrollment
for the second semester or trimester may be available to, and for which
applications will be accepted from, nonresident applicants residing within the
same intermediate district.
(b) During the last 2
weeks of the first semester or trimester, the district shall accept
applications from nonresidents residing within the same intermediate district
for enrollment for the second semester or trimester in the available grades,
schools, and programs.
(c) By the beginning of
the second semester or trimester, using the procedures and preferences required
under this section, the district shall determine which nonresident applicants
will be allowed to enroll in the district for the second semester or trimester
and notify the parent or legal guardian of each nonresident applicant residing
within the same intermediate district of whether or not the applicant may
enroll in the district. The notification to parents or legal guardians of
nonresident applicants accepted for enrollment shall must contain notification of the date by which the
applicant must enroll in the district and procedures for enrollment. The date
for enrollment shall must
be no later than the end of the first week of school.
(4) If deadlines similar
to those described in subsection (2) or (3) have been established in an
intermediate district, and if those deadlines are not later than the deadlines
under subsection (2) or (3), the districts within the intermediate district may
use those deadlines.
(5) A district offering
to enroll nonresident applicants residing within the same intermediate district
may limit the number of nonresident pupils it accepts in a grade, school, or
program, at its discretion, and may use that limit as the reason for refusal to
enroll an applicant.
(6) A nonresident
applicant residing within the same intermediate district shall must not be
granted or refused enrollment based on intellectual, academic, artistic, or
other ability, talent, or accomplishment, or lack thereof, or based on a mental
or physical disability, except that a district may refuse to admit a
nonresident applicant if the applicant does not meet the same criteria, other
than residence, that an applicant who is a resident of the district must meet
to be accepted for enrollment in a grade or a specialized, magnet, or
intra-district choice school or program to which the applicant applies.
(7) A nonresident
applicant residing within the same intermediate district shall must not be
granted or refused enrollment based on age, except that a district may refuse
to admit a nonresident applicant applying for a program that is not appropriate
for the age of the applicant.
(8) A nonresident
applicant residing within the same intermediate district shall must not be
granted or refused enrollment based upon religion, race, color, national
origin, sex, height, weight, marital status, or athletic ability, or,
generally, in violation of any state or federal law prohibiting discrimination.
(9) Subject to
subsection (10), a district may refuse to enroll a nonresident applicant if any
of the following are met:
(a) The applicant is, or
has been within the preceding 2 years, suspended from another school.
(b) The applicant, at
any time before enrolling under this section, has been expelled from another
school.
(c) The applicant, at
any time before enrolling under this section, has been convicted of a felony.
(10) If a district has
counted a pupil in membership on either the pupil membership count day or the
supplemental count day, the district shall not refuse to enroll or refuse to
continue to enroll that pupil for a reason specified in subsection (9). This
subsection does not prohibit a district from expelling a pupil described in
this subsection for disciplinary reasons.
(11) A district shall
continue to allow a pupil who was enrolled in and attended the district under
this section in the school year or semester or trimester immediately preceding
the school year or semester or trimester in question to enroll in the district
until the pupil graduates from high school. This subsection does not prohibit a
district from expelling a pupil described in this subsection for disciplinary
reasons.
(12) A district shall
give preference for enrollment under this section over all other nonresident
applicants residing within the same intermediate district to other school-age
children who reside in the same household as a pupil described in subsection (11).
(13) If a nonresident
pupil was enrolled in and attending school in a district as a nonresident pupil
in the 1995-96 school year and continues to be enrolled continuously each
school year in that district, the district shall allow that nonresident pupil
to continue to enroll in and attend school in the district until high school
graduation, without requiring the nonresident pupil to apply for enrollment
under this section. This subsection does not prohibit a district from expelling
a pupil described in this subsection for disciplinary reasons.
(14) If the number of
qualified nonresident applicants eligible for acceptance in a school, grade, or
program does not exceed the positions available for nonresident pupils in the
school, grade, or program, the school district shall accept for enrollment all
of the qualified nonresident applicants eligible for acceptance. If the number
of qualified nonresident applicants residing within the same intermediate
district eligible for acceptance exceeds the positions available in a grade,
school, or program in a district for nonresident pupils, the district shall use
a random draw system, subject to the need to abide by state and federal
antidiscrimination laws and court orders and subject to preferences allowed by
this section. The district shall develop and maintain a waiting list based on
the order in which nonresident applicants were drawn under this random draw
system.
(15) If a district, or
the nonresident applicant, requests the district in which a nonresident
applicant resides to supply information needed by the district for evaluating
the applicant's application for enrollment or for enrolling the applicant, the
district of residence shall provide that information on a timely basis.
(16) If a district is
subject to a court-ordered desegregation plan, and if the court issues an order
prohibiting pupils residing in that district from enrolling in another district
or prohibiting pupils residing in another district from enrolling in that
district, this section is subject to the court order.
(17) This section does
not require a district to provide transportation for a nonresident pupil
enrolled in the district under this section or for a resident pupil enrolled in
another district under this section. However, at the time a nonresident pupil
enrolls in the district, a district shall provide to the pupil's parent or
legal guardian information on available transportation to and from the school
in which the pupil enrolls.
(18) A district may
participate in a cooperative education program with 1 or more other districts
or intermediate districts whether or not the district enrolls any nonresidents pursuant to under this
section.
(19) A district that, pursuant to under this
section, enrolls a nonresident pupil who is eligible for special education
programs and services according to statute or rule, or who is a child with
disabilities, as defined under the individuals with disabilities education act,
Public Law 108-446, shall be is considered to be the resident district of the pupil
for the purpose of providing the pupil with a free appropriate public
education. Consistent with state and federal law, that district is responsible
for developing and implementing an individualized education plan program annually
for a nonresident pupil described in this subsection.
(20) If a district does
not comply with this section, the district forfeits 5% of the total state
school aid allocation to the district under this act.
(21) Upon application by
a district, the superintendent may grant a waiver for the district from a
specific requirement under this section for not more than 1 year.
Sec. 105c. (1) In order to avoid a penalty under this
section, and in order to count a nonresident pupil residing in a district
located in a contiguous intermediate district in membership without the
approval of the pupil's district of residence, a district shall must comply with
this section.
(2) Except as otherwise
provided in this section, a district shall determine whether or not it will
accept applications for enrollment by nonresident applicants residing in a
district located in a contiguous intermediate district for the next school
year. If the district determines to accept applications for enrollment of a
number of nonresidents under this section, beyond those entitled to preference
under this section, the district shall use the following procedures for
accepting applications from and enrolling nonresidents under this section:
(a) The district shall
publish the grades, schools, and special programs, if any, for which enrollment
may be available to, and for which applications will be accepted from,
nonresident applicants residing in a district located in a contiguous
intermediate district.
(b) If the district has
a limited number of positions available for nonresidents residing in a district
located in a contiguous intermediate district in a grade, school, or program,
all of the following apply to accepting applications for and enrollment of
nonresidents under this section in that grade, school, or program:
(i) The district shall do all of the following not later than
the second Friday in August:
(A) Provide notice to
the general public that applications will be taken for a period of at least 15
calendar days but not more than 30 calendar days from nonresidents residing in
a district located in a contiguous intermediate district for enrollment in that
grade, school, or program. The notice shall must identify the dates of the application period and
the place and manner for submitting applications.
(B) During the
application period under sub-subparagraph (A), accept applications from
nonresidents residing in a district located in a contiguous intermediate
district for enrollment in that grade, school, or program.
(C) Within 15 calendar
days after the end of the application period under sub-subparagraph (A) or, for 2020-2021 only, not later than October 13, 2020,
using the procedures and preferences required under this section, determine
which nonresident applicants will be allowed to enroll under this section in
that grade, school, or program, using the random draw system required under
subsection (14) as necessary, and notify the parent or legal guardian of each
nonresident applicant of whether or not the applicant may enroll in the
district. The notification to parents or legal guardians of nonresident
applicants accepted for enrollment under this section shall
must contain notification of the date by
which the applicant must enroll in the district and procedures for enrollment.
The date for enrollment shall must be no later than the end of the first week of
school or, for 2020-2021 only, not later than October 13,
2020.
(ii) Beginning on the third Monday in August and not later than
the end of the first week of school or, for 2020-2021
only, not later than October 13, 2020, if any positions become available
in a grade, school, or program due to accepted applicants failing to enroll or
to more positions being added, the district may enroll nonresident applicants
from the waiting list maintained under subsection (14), offering enrollment in
the order that applicants appear on the waiting list. If there are still
positions available after enrolling all applicants from the waiting list who
desire to enroll, the district may not fill those positions until the second
semester or trimester enrollment under subsection (3), as provided under that
subsection, or until the next school year.
(c) For a grade, school,
or program that has an unlimited number of positions available for nonresidents
residing in a district located in a contiguous intermediate district, all of
the following apply to enrollment of nonresidents in that grade, school, or
program under this section:
(i) The district may accept applications for enrollment in that
grade, school, or program, and may enroll nonresidents residing in a district
located in a contiguous intermediate district in that grade, school, or program , until the end of the
first week of school or, for 2020-2021 only, the district
may enroll nonresidents residing in a district located in a contiguous
intermediate district in that grade, school, or program until October 13, 2020
if the application was received by the end of the first week of school.
The district shall provide notice to the general public of the place and manner
for submitting applications and, if the district has a limited application
period, the notice shall must
include the dates of the application period. The application period shall must be at least a
15-calendar-day period.
(ii) Not later than the end of the first week of school or, for 2020-2021 only, not later than October 13, 2020,
the district shall notify the parent or legal guardian of each nonresident
applicant who is accepted for enrollment under this section that the applicant
has been accepted for enrollment in the grade, school, or program and of the
date by which the applicant must enroll in the district and the procedures for
enrollment. The date for enrollment shall must be no later than the end of the first week of
school or, for 2020-2021 only, not later than October 13,
2020.
(3) If a district
determines during the first semester or trimester of a school year that it has
positions available for enrollment of a number of nonresidents residing in a
district located in a contiguous intermediate district, beyond those entitled
to preference under this section, for the second semester or trimester of the
school year, the district may accept applications from and enroll nonresidents
residing in a district located in a contiguous intermediate district for the
second semester or trimester using the following procedures:
(a) Not later than 2
weeks before the end of the first semester or trimester, the district shall
publish the grades, schools, and special programs, if any, for which enrollment
for the second semester or trimester may be available to, and for which
applications will be accepted from, nonresident applicants residing in a
district located in a contiguous intermediate district.
(b) During the last 2
weeks of the first semester or trimester, the district shall accept
applications from nonresidents residing in a district located in a contiguous
intermediate district for enrollment for the second semester or trimester in
the available grades, schools, and programs.
(c) By the beginning of
the second semester or trimester, using the procedures and preferences required
under this section, the district shall determine which nonresident applicants
will be allowed to enroll under this section in the district for the second
semester or trimester and notify the parent or legal guardian of each
nonresident applicant residing in a district located in a contiguous
intermediate district of whether or not the applicant may enroll in the
district. The notification to parents or legal guardians of nonresident
applicants accepted for enrollment shall must contain notification of the date by which the
applicant must enroll in the district and procedures for enrollment. The date
for enrollment shall must
be no later than the end of the first week of school.
(4) If deadlines similar
to those described in subsection (2) or (3) have been established in an
intermediate district, and if those deadlines are not later than the deadlines
under subsection (2) or (3), the districts within the intermediate district may
use those deadlines.
(5) A district offering
to enroll nonresident applicants residing in a district located in a contiguous
intermediate district may limit the number of those nonresident pupils it
accepts in a grade, school, or program, at its discretion, and may use that
limit as the reason for refusal to enroll an applicant under this section.
(6) A nonresident
applicant residing in a district located in a contiguous intermediate district shall must not be
granted or refused enrollment based on intellectual, academic, artistic, or
other ability, talent, or accomplishment, or lack thereof, or based on a mental
or physical disability, except that a district may refuse to admit a
nonresident applicant under this section if the applicant does not meet the
same criteria, other than residence, that an applicant who is a resident of the
district must meet to be accepted for enrollment in a grade or a specialized,
magnet, or intra-district choice school or program to which the applicant
applies.
(7) A nonresident
applicant residing in a district located in a contiguous intermediate district shall must not be
granted or refused enrollment under this section based on age, except that a
district may refuse to admit a nonresident applicant applying for a program
that is not appropriate for the age of the applicant.
(8) A nonresident
applicant residing in a district located in a contiguous intermediate district shall must not be
granted or refused enrollment under this section based upon religion, race,
color, national origin, sex, height, weight, marital status, or athletic
ability, or, generally, in violation of any state or federal law prohibiting
discrimination.
(9) Subject to
subsection (10), a district may refuse to enroll a nonresident applicant under
this section if any of the following are met:
(a) The applicant is, or
has been within the preceding 2 years, suspended from another school.
(b) The applicant, at
any time before enrolling under this section, has been expelled from another
school.
(c) The applicant, at
any time before enrolling under this section, has been convicted of a felony.
(10) If a district has
counted a pupil in membership on either the pupil membership count day or the
supplemental count day, the district shall not refuse to enroll or refuse to
continue to enroll that pupil for a reason specified in subsection (9). This
subsection does not prohibit a district from expelling a pupil described in
this subsection for disciplinary reasons.
(11) A district shall continue
to allow a pupil who was enrolled in and attended the district under this
section in the school year or semester or trimester immediately preceding the
school year or semester or trimester in question to enroll in the district
until the pupil graduates from high school. This subsection does not prohibit a
district from expelling a pupil described in this subsection for disciplinary
reasons.
(12) A district shall
give preference for enrollment under this section over all other nonresident
applicants residing in a district located in a contiguous intermediate district
to other school-age children who reside in the same household as a pupil
described in subsection (11).
(13) If a nonresident
pupil was enrolled in and attending school in a district as a nonresident pupil
in the 1995-96 school year and continues to be enrolled continuously each
school year in that district, the district shall allow that nonresident pupil
to continue to enroll in and attend school in the district until high school
graduation, without requiring the nonresident pupil to apply for enrollment
under this section. This subsection does not prohibit a district from expelling
a pupil described in this subsection for disciplinary reasons.
(14) If the number of
qualified nonresident applicants eligible for acceptance under this section in
a school, grade, or program does not exceed the positions available for
nonresident pupils under this section in the school, grade, or program, the
school district shall accept for enrollment all of the qualified nonresident
applicants eligible for acceptance. If the number of qualified nonresident
applicants residing in a district located in a contiguous intermediate district
eligible for acceptance under this section exceeds the positions available in a
grade, school, or program in a district for nonresident pupils, the district
shall use a random draw system, subject to the need to abide by state and
federal antidiscrimination laws and court orders and subject to preferences
allowed by this section. The district shall develop and maintain a waiting list
based on the order in which nonresident applicants were drawn under this random
draw system.
(15) If a district, or
the nonresident applicant, requests the district in which a nonresident
applicant resides to supply information needed by the district for evaluating
the applicant's application for enrollment or for enrolling the applicant under
this section, the district of residence shall provide that information on a
timely basis.
(16) If a district is
subject to a court-ordered desegregation plan, and if the court issues an order
prohibiting pupils residing in that district from enrolling in another district
or prohibiting pupils residing in another district from enrolling in that
district, this section is subject to the court order.
(17) This section does
not require a district to provide transportation for a nonresident pupil
enrolled in the district under this section or for a resident pupil enrolled in
another district under this section. However, at the time a nonresident pupil
enrolls in the district, a district shall provide to the pupil's parent or
legal guardian information on available transportation to and from the school
in which the pupil enrolls.
(18) A district may
participate in a cooperative education program with 1 or more other districts
or intermediate districts whether or not the district enrolls any nonresidents
pursuant to this section.
(19) In order for a
district or intermediate district to enroll pursuant
to under this section a nonresident pupil
who resides in a district located in a contiguous intermediate district and who
is eligible for special education programs and services according to statute or
rule, or who is a child with disabilities, as defined under the individuals with
disabilities education act, Public Law 108-446, the enrolling district shall
have a written agreement with the resident district of the pupil for the
purpose of providing the pupil with a free appropriate public education. The
written agreement shall must
include, but is not limited to, an agreement on the responsibility for
the payment of the added costs of special education programs and services for
the pupil. The written agreement shall must address how the agreement shall
must be amended in the event of significant
changes in the costs or level of special education programs or services
required by the pupil.
(20) If a district does
not comply with this section, the district forfeits 5% of the total state
school aid allocation to the district under this act.
(21) Upon application by
a district, the superintendent may grant a waiver for the district from a
specific requirement under this section for not more than 1 year.
(22) This section is
repealed if the final decision of a court of competent jurisdiction holds that
any portion of this section is unconstitutional, ineffective, invalid, or in
violation of federal law.
(23) As used in this
section, "district located in a contiguous intermediate district"
means a district located in an intermediate district that is contiguous to the
intermediate district in which a pupil's district of residence is located.
Sec. 107. (1) From the appropriation in section 11, there is
allocated an amount not to exceed $30,000,000.00
for 2019-2020 2020-2021 for adult education programs authorized under
this section. Except as otherwise provided under subsections (14) and (15),
funds allocated under this section are restricted for adult education programs
as authorized under this section only. A recipient of funds under this section
shall not use those funds for any other purpose.
(2) To be eligible for
funding under this section, an eligible adult education provider shall employ
certificated teachers and qualified administrative staff and shall offer
continuing education opportunities for teachers to allow them to maintain
certification.
(3) To be eligible to be
a participant funded under this section, an individual must be enrolled in an
adult basic education program, an adult secondary education program, an adult
English as a second language program, a high school equivalency test
preparation program, or a high school completion program, that meets the
requirements of this section, and for which instruction is provided, and the
individual must be at least 18 years of age and the individual's graduating
class must have graduated.
(4) By April 1 of each
fiscal year, the intermediate districts within a prosperity region or subregion
shall determine which intermediate district will serve as the prosperity
region's or subregion's fiscal agent for the next fiscal year and shall notify
the department in a form and manner determined by the department. The
department shall approve or disapprove of the prosperity region's or
subregion's selected fiscal agent. From the funds allocated under subsection
(1), an amount as determined under this subsection is allocated to each
intermediate district serving as a fiscal agent for adult education programs in
each of the prosperity regions or subregions identified by the department. An
intermediate district shall not use more than 5% of the funds allocated under
this subsection for administration costs for serving as the fiscal agent. Beginning in 2019-2020, the The
allocation provided to each intermediate district serving as a fiscal
agent is an amount equal to what the intermediate district received in 2018-2019. The funding factors for this section are
as follows:
(a) Sixty percent of this portion of the funding is
distributed based upon the proportion of the state population of individuals
between the ages of 18 and 24 that are not high school graduates that resides
in each of the prosperity regions or subregions, as reported by the most recent
5-year estimates from the American Community Survey (ACS) from the United States
Census Bureau.
(b) Thirty-five percent of this portion of the funding is
distributed based upon the proportion of the state population of individuals
age 25 or older who are not high school graduates that resides in each of the
prosperity regions or subregions, as reported by the most recent 5-year
estimates from the American Community Survey (ACS) from the United States
Census Bureau.
(c) Five percent of this portion of the funding is
distributed based upon the proportion of the state population of individuals
age 18 or older who lack basic English language proficiency that resides in
each of the prosperity regions or subregions, as reported by the most recent
5-year estimates from the American Community Survey (ACS) from the United
States Census Bureau.
(5) To be an eligible
fiscal agent, an intermediate district must agree to do the following in a form
and manner determined by the department:
(a) Distribute funds to
adult education programs in a prosperity region or subregion as described in
this section.
(b) Collaborate with the
career and educational advisory council, which is an advisory council of the
workforce development boards located in the prosperity region or subregion, or
its successor, to develop a regional strategy that aligns adult education
programs and services into an efficient and effective delivery system for adult
education learners, with special consideration for providing contextualized
learning and career pathways and addressing barriers to education and
employment.
(c) Collaborate with the
career and educational advisory council, which is an advisory council of the
workforce development boards located in the prosperity region or subregion, or
its successor, to create a local process and criteria that will identify
eligible adult education providers to receive funds allocated under this
section based on location, demand for services, past performance, quality
indicators as identified by the department, and cost to provide instructional
services. The fiscal agent shall determine all local processes, criteria, and
provider determinations. However, the local processes, criteria, and provider
services must be approved by the department before funds may be distributed to
the fiscal agent.
(d) Provide oversight to
its adult education providers throughout the program year to ensure compliance
with the requirements of this section.
(e) Report adult
education program and participant data and information as prescribed by the
department.
(6) An adult basic
education program, an adult secondary education program, or an adult English as
a second language program operated on a year-round or school year basis may be
funded under this section, subject to all of the following:
(a) The program enrolls
adults who are determined by a department-approved assessment, in a form and
manner prescribed by the department, to be below twelfth grade level in reading
or mathematics, or both, or to lack basic English proficiency.
(b) The program tests
individuals for eligibility under subdivision (a) before enrollment and upon
completion of the program in compliance with the state-approved assessment
policy.
(c) A participant in an
adult basic education program is eligible for reimbursement until 1 of the
following occurs:
(i) The participant's reading and mathematics proficiency are
assessed at or above the ninth grade level.
(ii) The participant fails to show progress on 2 successive
assessments after having completed at least 450 hours of instruction.
(d) A participant in an
adult secondary education program is eligible for reimbursement until 1 of the
following occurs:
(i) The participant's reading and mathematics proficiency are
assessed above the twelfth grade level.
(ii) The participant fails to show progress on 2 successive
assessments after having at least 450 hours of instruction.
(e) A funding recipient
enrolling a participant in an English as a second language program is eligible
for funding according to subsection (9) until the participant meets 1 of the
following:
(i) The participant is assessed as having attained basic
English proficiency as determined by a department-approved assessment.
(ii) The participant fails to show progress on 2 successive
department-approved assessments after having completed at least 450 hours of
instruction. The department shall provide information to a funding recipient
regarding appropriate assessment instruments for this program.
(7) A high school
equivalency test preparation program operated on a year-round or school year
basis may be funded under this section, subject to all of the following:
(a) The program enrolls
adults who do not have a high school diploma or a high school equivalency
certificate.
(b) The program
administers a pre-test approved by the department before enrolling an
individual to determine the individual's literacy levels, administers a high
school equivalency practice test to determine the individual's potential for
success on the high school equivalency test, and administers a post-test upon
completion of the program in compliance with the state-approved assessment
policy.
(c) A funding recipient
receives funding according to subsection (9) for a participant, and a
participant may be enrolled in the program until 1 of the following occurs:
(i) The participant achieves a high school equivalency
certificate.
(ii) The participant fails to show progress on 2 successive
department-approved assessments used to determine readiness to take a high
school equivalency test after having completed at least 450 hours of
instruction.
(8) A high school completion
program operated on a year-round or school year basis may be funded under this
section, subject to all of the following:
(a) The program enrolls
adults who do not have a high school diploma.
(b) The program tests
participants described in subdivision (a) before enrollment and upon completion
of the program in compliance with the state-approved assessment policy.
(c) A funding recipient
receives funding according to subsection (9) for a participant in a course
offered under this subsection until 1 of the following occurs:
(i) The participant passes the course and earns a high school
diploma.
(ii) The participant fails to earn credit in 2 successive
semesters or terms in which the participant is enrolled after having completed
at least 900 hours of instruction.
(9) The department shall
make payments to a funding recipient under this section in accordance with all
of the following:
(a) Statewide allocation
criteria, including 3-year average enrollments, census data, and local needs.
(b) Participant completion
of the adult basic education objectives by achieving an educational gain as
determined by the national reporting system levels; for achieving basic English
proficiency, as determined by the department; for achieving a high school
equivalency certificate or passage of 1 or more individual high school
equivalency tests; for attainment of a high school diploma or passage of a
course required for a participant to attain a high school diploma; for
enrollment in a postsecondary institution, or for entry into or retention of
employment, as applicable.
(c) Participant
completion of core indicators as identified in the innovation and opportunity
act.
(d) Allowable
expenditures.
(10) A person who is not
eligible to be a participant funded under this section may receive adult
education services upon the payment of tuition. In addition, a person who is
not eligible to be served in a program under this section due to the program
limitations specified in subsection (6), (7), or (8) may continue to receive
adult education services in that program upon the payment of tuition. The local
or intermediate district conducting the program shall determine the tuition
amount.
(11) An individual who
is an inmate in a state correctional facility is not counted as a participant
under this section.
(12) A funding recipient
shall not commingle money received under this section or from another source
for adult education purposes with any other funds and shall establish a
separate ledger account for funds received under this section. This subsection
does not prohibit a district from using general funds of the district to
support an adult education or community education program.
(13) A funding recipient
receiving funds under this section may establish a sliding scale of tuition
rates based upon a participant's family income. A funding recipient may charge
a participant tuition to receive adult education services under this section
from that sliding scale of tuition rates on a uniform basis. The amount of
tuition charged per participant must not exceed the actual operating cost per
participant minus any funds received under this section per participant. A
funding recipient may not charge a participant tuition under this section if
the participant's income is at or below 200% of the federal poverty guidelines
published by the United States Department of Health and Human Services.
(14) In order to receive
funds under this section, a funding recipient shall furnish to the department,
in a form and manner determined by the department, all information needed to
administer this program and meet federal reporting requirements; shall allow
the department or the department's designee to review all records related to
the program for which it receives funds; and shall reimburse the state for all disallowances
found in the review, as determined by the department. In addition, a funding
recipient shall agree to pay to a career and technical education program under
section 61a the amount of funding received under this section in the proportion
of career and technical education coursework used to satisfy adult basic
education programming, as billed to the funding recipient by programs operating
under section 61a. In addition to the funding allocated under subsection (1),
there is allocated for 2019-2020 2020-2021 an amount not to exceed $500,000.00 to reimburse funding
recipients for administrative and instructional expenses associated with
commingling programming under this section and section 61a. The department
shall make payments under this subsection to each funding recipient in the same
proportion as funding calculated and allocated under subsection (4).
(15) From the amount
appropriated in subsection (1), an amount not to exceed $4,000,000.00 is
allocated for 2019-2020 2020-2021
for grants to adult education or state-approved career
technical center programs that connect adult education participants with
employers as provided under this subsection. The department shall determine the
amount of the grant to each program under this subsection, not to exceed $350,000.00. To be eligible for
funding under this subsection, a program must provide a collaboration linking
adult education programs within the county, the area career technical center,
and local employers. To receive funding under this subsection, an eligible
program must satisfy all of the following:
(a) Connect adult
education participants directly with employers by linking adult education,
career and technical skills, and workforce development.
(b) Require adult
education staff to work with Michigan Works! agency to identify a cohort of
participants who are most prepared to successfully enter the workforce. Participants Except as
otherwise provided under this subdivision, participants identified under
this subsection must be dually enrolled in adult education programming and in
at least 1 state-approved technical course at the
area career and technical center. A program that links
participants identified under this subsection with adult education programming
and commercial driver license courses does not need to enroll the participants
in at least 1 state-approved technical course at the area career and technical
center to be considered an eligible program under this subsection.
(c) Employ an individual
staffed as an adult education navigator who will serve as a caseworker for each
participant identified under subdivision (b). The navigator shall work with
adult education staff and potential employers to design an educational program
best suited to the personal and employment needs of the participant and shall
work with human service agencies or other entities to address any barrier in
the way of participant access.
(16) A program that was a pilot program in 2017-2018 and that
was funded under this section in 2017-2018 is funded in 2019-2020 unless the
program ceases operation. The intermediate district in which that pilot program
was funded is the fiscal agent for that program and shall apply for that
program's funding under subsection (15).
(16) (17) Each
program funded under subsection (15) will receive funding for 3 years. After 3
years of operations and funding, a program must reapply for funding.
(17) (18) Not later
than December 1 , 2020, of each year, a program funded under subsection (15)
shall provide a report to the senate and house appropriations subcommittees on
school aid, to the senate and house fiscal agencies, and to the state budget
director identifying the number of participants, graduation rates, and a
measure of transition to employment.
(18) It is the intent of the legislature to implement a
phased-in cap on the percentage of adult education participants under
subsection (15) that may already have a high school diploma or a high school
equivalency certificate at the time of enrollment.
(19) The department
shall approve at least 3 high school equivalency tests and determine whether a
high school equivalency certificate meets the requisite standards for high
school equivalency in this state.
(20) As used in this section:
(a) "Career and
educational advisory council" means an advisory council to the local
workforce development boards located in a prosperity region consisting of
educational, employer, labor, and parent representatives.
(b) "Career
pathway" means a combination of rigorous and high-quality education,
training, and other services that comply with all of the following:
(i) Aligns with the skill needs of industries in the economy of
this state or in the regional economy involved.
(ii) Prepares an individual to be successful in any of a full
range of secondary or postsecondary education options, including
apprenticeships registered under the act of August 16, 1937 (commonly known as
the "national apprenticeship act"), 29 USC 50 et seq.
(iii) Includes counseling to support an individual in achieving
the individual's education and career goals.
(iv) Includes, as appropriate, education offered concurrently
with and in the same context as workforce preparation activities and training
for a specific occupation or occupational cluster.
(v) Organizes education, training, and other services to meet
the particular needs of an individual in a manner that accelerates the
educational and career advancement of the individual to the extent practicable.
(vi) Enables an individual to attain a secondary school diploma
or its recognized equivalent, and at least 1 recognized postsecondary
credential.
(vii) Helps an individual enter or advance within a specific
occupation or occupational cluster.
(c)
"Department" means the department of labor and economic opportunity.
(d) "Eligible adult
education provider" means a district, intermediate district, a consortium
of districts, a consortium of intermediate districts, or a consortium of
districts and intermediate districts that is identified as part of the local
process described in subsection (5)(c) and approved by the department.
Sec. 147. (1) The allocation for 2019-2020
2020-2021 for the public school employees'
retirement system pursuant to the public school employees retirement act of
1979, 1980 PA 300, MCL 38.1301 to 38.1437, is made using the individual
projected benefit entry age normal cost method of valuation and risk
assumptions adopted by the public school employees retirement board and the department
of technology, management, and budget.
(2) The annual level
percentage of payroll contribution rates for the 2019-2020
2020-2021 fiscal year, as determined by the
retirement system, are estimated as follows:
(a) For public school
employees who first worked for a public school reporting unit before July 1,
2010 and who are enrolled in the health premium subsidy, the annual level
percentage of payroll contribution rate is estimated at 39.91%, 42.72% with 27.50% 28.21% paid
directly by the employer.
(b) For public school
employees who first worked for a public school reporting unit on or after July
1, 2010 and who are enrolled in the health premium subsidy, the annual level
percentage of payroll contribution rate is estimated at 36.96%, 39.76% with 24.55% 25.25% paid
directly by the employer.
(c) For public school
employees who first worked for a public school reporting unit on or after July
1, 2010 and who participate in the personal healthcare fund, the annual level
percentage of payroll contribution rate is estimated at 36.44%, 38.90% with 24.03% 24.39% paid
directly by the employer.
(d) For public school
employees who first worked for a public school reporting unit on or after
September 4, 2012, who elect defined contribution, and who participate in the
personal healthcare fund, the annual level percentage of payroll contribution
rate is estimated at 33.37% 35.47% with 20.96% paid directly by the employer.
(e) For public school
employees who first worked for a public school reporting unit before July 1,
2010, who elect defined contribution, and who are enrolled in the health
premium subsidy, the annual level percentage of payroll contribution rate is
estimated at 33.89% 36.33%
with 21.48% 21.82%
paid directly by the employer.
(f) For public school
employees who first worked for a public school reporting unit before July 1,
2010, who elect defined contribution, and who participate in the personal
healthcare fund, the annual level percentage of payroll contribution rate is
estimated at 33.37%, 35.47%
with 20.96% paid directly by the employer.
(g) For public school
employees who first worked for a public school reporting unit before July 1,
2010 and who participate in the personal healthcare fund, the annual level
percentage of payroll contribution rate is estimated at 39.39%, 41.86% with 26.98% 27.35% paid
directly by the employer.
(h) For public school
employees who first worked for a public school reporting unit after January 31,
2018 and who elect to become members of the MPSERS plan, the annual level
percentage of payroll contribution rate is estimated at 39.57% 41.67% with
27.16% paid directly by the employer.
(3) In addition to the
employer payments described in subsection (2), the employer shall pay the
applicable contributions to the Tier 2 plan, as determined by the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(4) The contribution
rates in subsection (2) reflect an amortization period of 19 18 years for 2019-2020. 2020-2021. The
public school employees' retirement system board shall notify each district and
intermediate district by February 28 of each fiscal year of the estimated
contribution rate for the next fiscal year.
Sec. 147a. (1) From the appropriation in section 11, there is
allocated for 2019-2020 2020-2021
an amount not to exceed $100,000,000.00
for payments to participating districts. A
participating district that receives money under this subsection shall use that
money solely for the purpose of offsetting a portion of the retirement
contributions owed by the district for the fiscal year in which it is received.
The amount allocated to each participating district under this subsection is
based on each participating district's percentage of the total statewide
payroll for all participating districts for the immediately preceding fiscal
year. As used in this subsection, "participating district" means a
district that is a reporting unit of the Michigan public school employees'
retirement system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to the Michigan
public school employees' retirement system for the applicable fiscal year.
(2) In addition to the
allocation under subsection (1), from the state school aid fund money
appropriated under section 11, there is allocated an amount not to exceed $171,986,000.00 $155,136,000.00
for 2019-2020 2020-2021
for payments to participating districts and intermediate districts and
from the general fund money appropriated under section 11, there is allocated
an amount not to exceed $83,000.00 $70,000.00 for 2019-2020 2020-2021 for payments to participating district
libraries. The amount allocated to each participating entity under this
subsection is based on each participating entity's percentage
of the total statewide payroll for that type of participating entity for the
immediately preceding fiscal year. reported
quarterly payroll for members that became tier 1 prior to February 1, 2018 for
the current fiscal year. A participating entity that receives money
under this subsection shall use that money solely for the purpose of offsetting
a portion of the normal cost contribution rate. As used in this subsection:
(a) "District
library" means a district library established under the district library
establishment act, 1989 PA 24, MCL 397.171 to 397.196.
(b) "Participating
entity" means a district, intermediate district, or district library that
is a reporting unit of the Michigan public school employees' retirement system
under the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1301 to 38.1437, and that reports employees to the Michigan public school
employees' retirement system for the applicable fiscal year.
Sec. 147c. From
the state school aid fund money appropriated in section 11, there is allocated
for 2019-2020 2020-2021
an amount not to exceed $1,000,400,000.00,
and from the MPSERS retirement obligation reform reserve fund money
appropriated in section 11, there is allocated for 2019-2020 an amount not to
exceed $30,000,000.00, $1,219,300,000.00
for payments to districts and intermediate districts that are
participating entities of the Michigan public school employees' retirement
system. In addition, from the general fund money appropriated in section 11,
there is allocated for 2019-2020 2020-2021 an amount not to exceed $500,000.00 for payments to
district libraries that are participating entities of the Michigan public
school employees' retirement system. All of the following apply to funding
under this subsection:
(a) For 2019-2020, 2020-2021, the amounts allocated under this
subsection are estimated to provide an average MPSERS rate cap per pupil amount
of $693.00 $827.00
and are estimated to provide a rate cap per pupil for districts
ranging between $4.00 $5.00 and $4,000.00.
(b) Payments made under this subsection are equal to the
difference between the unfunded actuarial accrued liability contribution rate
as calculated pursuant to section 41 of the public school employees retirement
act of 1979, 1980 PA 300, MCL 38.1341, as calculated without taking into
account the maximum employer rate of 20.96% included in section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and
the maximum employer rate of 20.96% included in section 41 of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341.
(c) The amount allocated to each participating entity under
this subsection is based on each participating entity's proportion of the total
covered payroll for the immediately preceding fiscal year for the same type of
participating entities. A participating entity that receives funds under this
subsection shall use the funds solely for the purpose of retirement
contributions as specified in subdivision (d).
(d) Each participating entity receiving funds under this
subsection shall forward an amount equal to the amount allocated under
subdivision (c) to the retirement system in a form, manner, and time frame
determined by the retirement system.
(e) Funds allocated under this subsection should be
considered when comparing a district's growth in total state aid funding from 1
fiscal year to the next.
(f) Not later than December 20, 2019,
2020, the department shall
publish and post on its website an estimated MPSERS rate cap per pupil for each
district.
(g) The office of retirement services shall first apply funds
allocated under this subsection to pension contributions and, if any funds
remain after that payment, shall apply those remaining funds to other
postemployment benefit contributions.
(h) As used in this section:
(i) "District
library" means a district library established under the district library
establishment act, 1989 PA 24, MCL 397.171 to 397.196.
(ii) "MPSERS rate cap per pupil" means an amount equal
to the quotient of the district's payment under this subsection divided by the
district's pupils in membership.
(iii) "Participating entity" means a district,
intermediate district, or district library that is a reporting unit of the
Michigan public school employees' retirement system under the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that
reports employees to the Michigan public school employees' retirement system
for the applicable fiscal year.
(iv) "Retirement board" means the board that
administers the retirement system under the public school employees retirement
act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(v) "Retirement system" means the Michigan public
school employees' retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
Sec. 147e. (1) From the appropriation in section 11, there is
allocated for 2019-2020 2020-2021
an amount not to exceed $1,900,000.00 from the
MPSERS retirement obligation reform reserve fund and $26,471,000.00 $51,400,000.00 from the state school aid fund for payments
to participating entities.
(2) The payment to each
participating entity under this section is the sum of the amounts under this
subsection as follows:
(a) An amount equal to
the contributions made by a participating entity for the additional contribution
made to a qualified participant's Tier 2 account in an amount equal to the
contribution made by the qualified participant not to exceed 3% of the
qualified participant's compensation as provided for under section 131(6) of
the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1431.
(b) Beginning October 1,
2017, an amount equal to the contributions made by a participating entity for a
qualified participant who is only a Tier 2 qualified participant under section
81d of the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1381d, not to exceed 4%, and, beginning February 1, 2018, not to exceed 1%,
of the qualified participant's compensation.
(c) An amount equal to
the increase in employer normal cost contributions under section 41b(2) of the
public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341b, for
a member that was hired after February 1, 2018 and chose to participate in Tier
1, compared to the employer normal cost contribution for a member under section
41b(1) of the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341b.
(3) As used in this
section:
(a) "Member"
means that term as defined under the public school employees retirement act of
1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(b) "Participating
entity" means a district, intermediate district, or community college that
is a reporting unit of the Michigan public school employees' retirement system
under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301
to 38.1437, and that reports employees to the Michigan public school employees'
retirement system for the applicable fiscal year.
(c) "Qualified
participant" means that term as defined under section 124 of the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1424.
Sec. 152a. (1) As required by the court in the consolidated
cases known as Adair v State of Michigan,
486 Mich 468 (2010), from the state school aid fund money appropriated in
section 11, there is allocated for 2019-2020 2020-2021 an amount not to exceed $38,000,500.00 to be used
solely for the purpose of paying necessary costs related to the state-mandated
collection, maintenance, and reporting of data to this state.
(2) From the allocation
in subsection (1), the department shall make payments to districts and
intermediate districts in an equal amount per-pupil based on the total number
of pupils in membership in each district and intermediate district. The
department shall not make any adjustment to these payments after the final
installment payment under section 17b is made.
Sec. 152b. (1)
From the general fund money appropriated under section 11, there is allocated
an amount not to exceed $2,500,000.00 for 2017-2018
and an amount not to exceed $250,000.00 $100.00
for 2018-2019 2020-2021 to reimburse actual costs incurred by
nonpublic schools in complying with a health, safety, or welfare requirement
mandated by a law or administrative rule of this state.
(2) By January 1 of each applicable fiscal year, the
department shall publish a form for reporting actual costs incurred by a
nonpublic school in complying with a health, safety, or welfare requirement
mandated under state law containing each health, safety, or welfare requirement
mandated by a law or administrative rule of this state applicable to a
nonpublic school and with a reference to each relevant provision of law or
administrative rule for the requirement. The form shall
must be posted on the
department's website in electronic form.
(3) By June 30 of each applicable fiscal year, a nonpublic
school seeking reimbursement for actual costs incurred in complying with a
health, safety, or welfare requirement under a law or administrative rule of
this state during each applicable school year shall submit a completed form
described in subsection (2) to the department. This section does not require a
nonpublic school to submit a form described in subsection (2). A nonpublic
school is not eligible for reimbursement under this section if the nonpublic
school does not submit the form described in subsection (2) in a timely manner.
(4) By August 15 of each applicable fiscal year, the
department shall distribute funds to each nonpublic school that submits a
completed form described under subsection (2) in a timely manner. The
superintendent shall determine the amount of funds to be paid to each nonpublic
school in an amount that does not exceed the nonpublic school's actual costs in
complying with a health, safety, or welfare requirement under a law or
administrative rule of this state. The superintendent shall calculate a
nonpublic school's actual cost in accordance with this section.
(5) If the funds allocated under this section are
insufficient to fully fund payments as otherwise calculated under this section,
the department shall distribute funds under this section on a prorated or other
equitable basis as determined by the superintendent.
(6) The department may review the records of a nonpublic school
submitting a form described in subsection (2) only for the limited purpose of
verifying the nonpublic school's compliance with this section. If a nonpublic
school does not allow the department to review records under this subsection,
the nonpublic school is not eligible for reimbursement under this section.
(7) The funds appropriated under this section are for
purposes related to education, are considered to be incidental to the operation
of a nonpublic school, are noninstructional in character, and are intended for
the public purpose of ensuring the health, safety, and welfare of the children
in nonpublic schools and to reimburse nonpublic schools for costs described in
this section.
(8) Funds allocated under this section are not intended to
aid or maintain any nonpublic school, support the attendance of any student at
a nonpublic school, employ any person at a nonpublic school, support the
attendance of any student at any location where instruction is offered to a
nonpublic school student, or support the employment of any person at any
location where instruction is offered to a nonpublic school student.
(9) For purposes of this section, "actual cost"
means the hourly wage for the employee or employees performing a task or tasks
required to comply with a health, safety, or welfare requirement under a law or
administrative rule of this state identified by the department under subsection
(2) and is to be calculated in accordance with the form published by the
department under subsection (2), which shall
must include a detailed
itemization of costs. The nonpublic school shall not charge more than the
hourly wage of its lowest-paid employee capable of performing a specific task
regardless of whether that individual is available and regardless of who
actually performs a specific task. Labor costs under this subsection shall must
be estimated and charged in increments of 15 minutes or more,
with all partial time increments rounded down. When calculating costs under
subsection (4), fee components shall must be itemized in a manner that expresses both the
hourly wage and the number of hours charged. The nonpublic school may not
charge any applicable labor charge amount to cover or partially cover the cost
of health or fringe benefits. A nonpublic school shall not charge any overtime
wages in the calculation of labor costs.
(10) For the purposes of this section, the actual cost
incurred by a nonpublic school for taking daily student attendance shall be is
considered an actual cost in complying with a health, safety, or
welfare requirement under a law or administrative rule of this state. Training
fees, inspection fees, and criminal background check fees are considered actual
costs in complying with a health, safety, or welfare requirement under a law or
administrative rule of this state.
(11) The funds allocated under this section for 2017-2018 are
a work project appropriation, and any unexpended funds for 2017-2018 are
carried forward into 2018-2019. The purpose of the work project is to continue
to reimburse nonpublic schools for actual costs incurred in complying with a health,
safety, or welfare requirement mandated by a law or administrative rule of this
state. The estimated completion date of the work project is September 30, 2020.2022.
(12) The funds allocated under this section for 2018-2019 are
a work project appropriation, and any unexpended funds for 2018-2019 are
carried forward into 2019-2020. The purpose of the work project is to continue
to reimburse nonpublic schools for actual costs incurred in complying with a
health, safety, or welfare requirement mandated by a law or administrative rule
of this state. The estimated completion date of the work project is September
30, 2020.2022.
(13) The funds allocated under this section for 2020-2021 are a work project appropriation, and any unexpended funds for 2020-2021 are carried forward into 2021-2022. The purpose of the work project is to continue to reimburse nonpublic schools for actual costs incurred in complying with a health, safety, or welfare requirement mandated by a law or administrative rule of this state. The estimated completion date of the work project is September 30, 2023.
Sec. 163. (1) Except as provided in the revised school code,
the board of a district or intermediate district shall not permit any of the
following:
(a) Except for an individual engaged to teach under section
1233b of the revised school code, MCL 380.1233b, an An individual who does not hold
is not appropriately placed under a valid
certificate, or who is
not working under a valid substitute permit, authorization, or approval
issued under rules promulgated by the department to teach in an elementary or
secondary school.
(b) An individual who
does not satisfy the requirements of section 1233 of the revised school code,
MCL 380.1233, and rules promulgated by the department to provide school
counselor services to pupils in an elementary or secondary school.
(c) An individual who
does not satisfy the requirements of section 1246 of the revised school code,
MCL 380.1246, or who is not working under a valid substitute permit issued
under rules promulgated by the department, to be employed as a superintendent,
principal, or assistant principal, or as an individual whose primary
responsibility is to administer instructional programs in an elementary or
secondary school, or in a district or intermediate district.
(2) Except as provided
in the revised school code, a district or intermediate district employing
individuals in violation of this section shall have deducted the sum equal to
the amount paid the individuals for the period of employment. Each intermediate
superintendent shall notify the department of the name of the individual
employed in violation of this section, and the district employing that
individual and the amount of salary the individual was paid within a
constituent district.
(3) If a school official
is notified by the department that he or she is employing an individual in
violation of this section and knowingly continues to employ that individual,
the school official is guilty of a misdemeanor punishable by a fine of
$1,500.00 for each incidence. This penalty is in addition to all other
financial penalties otherwise specified in this article.
Sec. 201. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for community colleges for the fiscal year ending September 30, 2020, 2021, from the funds indicated in this section. The following is a summary of the appropriations in this section: and section 201c:
(a) The gross appropriation is $414,719,000.00. $425,667,600.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is $414,719,000.00.$425,667,600.00.
(b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows:
(i) Total federal revenues, $36,273,400.00.$0.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted
revenues, $378,445,600.00.$425,667,600.00.
(v) State general fund/general purpose
money, $0.00.
(2)
Subject to subsection (3), the amount appropriated for community college
operations is $289,200,000.00,
$325,440,000.00, allocated
as follows:
(a) The
appropriation for Alpena Community College is $5,127,800.00, $5,058,300.00 $5,767,500.00, $5,753,300.00 for operations, $50,200.00 $0.00 for performance funding, and $19,300.00 $14,200.00 for
costs incurred under the North American Indian tuition waiver.
(b) The
appropriation for Bay de Noc Community College is $5,112,800.00, $4,926,700.00 $5,719,500.00, $5,602,800.00 for operations, $48,200.00 $0.00 for performance funding, and $137,900.00 $116,700.00 for
costs incurred under the North American Indian tuition waiver.
(c) The
appropriation for Delta College is $13,502,300.00, $13,371,000.00 $15,208,200.00, $15,160,500.00 for operations, $90,400.00 $0.00 for performance funding, and $40,900.00 $47,700.00 for
costs incurred under the North American Indian tuition waiver.
(d) The
appropriation for Glen Oaks Community College is $2,355,300.00, $2,323,300.00 $2,651,200.00, $2,651,200.00 for operations, $30,800.00 $0.00 for performance funding, and $1,200.00 $0.00 for costs
incurred under the North American Indian tuition waiver.
(e) The
appropriation for Gogebic Community College is $4,387,500.00, $4,287,700.00 $4,923,300.00, $4,873,700.00 for operations, $39,900.00 $0.00 for performance funding, and $59,900.00 $49,600.00 for
costs incurred under the North American Indian tuition waiver.
(f) The
appropriation for Grand Rapids Community College is $16,909,400.00, $16,540,900.00 $19,007,000.00, $18,773,100.00 for operations, $128,200.00 $0.00 for performance funding, and $240,300.00 $233,900.00 for
costs incurred under the North American Indian tuition waiver.
(g) The
appropriation for Henry Ford College is $20,049,300.00, $19,873,500.00 $22,557,600.00, $22,533,100.00 for operations, $134,200.00 $0.00 for performance funding, and $41,600.00 $24,500.00 for
costs incurred under the North American Indian tuition waiver.
(h) The
appropriation for Jackson College is $11,373,300.00, $11,258,700.00 $12,814,200.00, $12,756,200.00 for operations, $67,900.00 $0.00 for performance funding, and $46,700.00 $58,000.00 for
costs incurred under the North American Indian tuition waiver.
(i) The
appropriation for Kalamazoo Valley Community College is $11,687,700.00, $11,551,400.00 $13,163,700.00, $13,099,900.00 for operations, $80,300.00 $0.00 for performance funding, and $56,000.00 $63,800.00 for
costs incurred under the North American Indian tuition waiver.
(j) The
appropriation for Kellogg Community College is $9,195,800.00, $9,056,400.00 $10,328,700.00, $10,267,100.00 for operations, $60,000.00 $0.00 for performance funding, and $79,400.00 $61,600.00 for
costs incurred under the North American Indian tuition waiver.
(k) The
appropriation for Kirtland Community College is $3,016,600.00, $2,940,500.00 $3,394,800.00, $3,358,400.00 for operations, $41,500.00 $0.00 for performance funding, and $34,600.00 $36,400.00 for
costs incurred under the North American Indian tuition waiver.
(l) The appropriation for Lake
Michigan College is $5,074,900.00,
$5,028,600.00 $5,711,300.00,
$5,702,700.00 for operations, $35,000.00 $0.00 for
performance funding, and $11,300.00 $8,600.00 for costs incurred under the North American Indian tuition
waiver.
(m) The
appropriation for Lansing Community College is $29,324,000.00, $28,992,800.00 $33,010,000.00, $32,852,000.00 for operations, $177,300.00 $0.00 for performance funding, and $153,900.00 $158,000.00 for
costs incurred under the North American Indian tuition waiver.
(n) The
appropriation for Macomb Community College is $30,470,600.00, $30,227,700.00 $34,319,500.00, $34,276,100.00 for operations, $206,900.00 $0.00 for performance funding, and $36,000.00 $43,400.00 for
costs incurred under the North American Indian tuition waiver.
(o) The
appropriation for Mid Michigan Community College is $4,743,500.00, $4,528,800.00 $5,309,200.00, $5,184,400.00 for operations, $74,600.00 $0.00 for performance funding, and $140,100.00 $124,800.00 for
costs incurred under the North American Indian tuition waiver.
(p) The
appropriation for Monroe County Community College is $4,215,200.00, $4,179,000.00 $4,746,700.00, $4,746,200.00 for operations, $35,300.00 $0.00 for performance funding, and $900.00 $500.00 for
costs incurred under the North American Indian tuition waiver.
(q) The
appropriation for Montcalm Community College is $3,176,100.00, $3,144,500.00 $3,577,700.00, $3,570,600.00 for operations, $25,900.00 $0.00 for performance funding, and $5,700.00 $7,100.00 for
costs incurred under the North American Indian tuition waiver.
(r) The
appropriation for C.S. Mott Community College is $14,610,900.00, $14,496,100.00 $16,464,000.00, $16,440,000.00 for operations, $101,400.00 $0.00 for performance funding, and $13,400.00 $24,000.00 for
costs incurred under the North American Indian tuition waiver.
(s) The
appropriation for Muskegon Community College is $8,325,300.00, $8,195,900.00 $9,363,000.00, $9,289,100.00 for operations, $52,100.00 $0.00 for performance funding, and $77,300.00 $73,900.00 for
costs incurred under the North American Indian tuition waiver.
(t) The
appropriation for North Central Michigan College is $3,187,300.00, $2,981,700.00 $3,562,700.00, $3,389,300.00 for operations, $27,700.00 $0.00 for performance funding, and $177,900.00 $173,400.00 for
costs incurred under the North American Indian tuition waiver.
(u) The
appropriation for Northwestern Michigan College is $8,741,600.00, $8,438,400.00 $9,843,100.00, $9,567,100.00 for operations, $56,500.00 $0.00 for performance funding, and $246,700.00 $276,000.00 for
costs incurred under the North American Indian tuition waiver.
(v) The
appropriation for Oakland Community College is $19,746,000.00, $19,563,700.00 $22,246,800.00, $22,211,700.00 for operations, $158,600.00 $0.00 for performance funding, and $23,700.00 $35,100.00 for
costs incurred under the North American Indian tuition waiver.
(w) The
appropriation for Schoolcraft College is $11,784,200.00, $11,614,500.00 $13,236,500.00, $13,196,200.00 for operations, $102,700.00 $0.00 for performance funding, and $67,000.00 $40,300.00 for
costs incurred under the North American Indian tuition waiver.
(x) The
appropriation for Southwestern Michigan College is $6,236,900.00, $6,155,700.00 $7,016,600.00, $6,979,400.00 for operations, $41,500.00 $0.00 for performance funding, and $39,700.00 $37,200.00 for
costs incurred under the North American Indian tuition waiver.
(y) The
appropriation for St. Clair County Community College is $6,566,000.00, $6,508,200.00 $7,388,600.00, $7,385,200.00 for operations, $49,300.00 $0.00 for performance funding, and $8,500.00 $3,400.00 for
costs incurred under the North American Indian tuition waiver.
(z) The
appropriation for Washtenaw Community College is $12,334,000.00, $12,191,500.00 $13,888,200.00, $13,855,900.00 for operations, $111,500.00 $0.00 for performance funding, and $31,000.00 $32,300.00 for
costs incurred under the North American Indian tuition waiver.
(aa)
The appropriation for Wayne County Community College is $15,630,100.00, $15,502,900.00 $17,608,300.00, $17,593,400.00 for operations, $118,700.00 $0.00 for performance funding, and $8,500.00 $14,900.00 for
costs incurred under the North American Indian tuition waiver.
(bb)
The appropriation for West Shore Community College is $2,315,600.00, $2,278,500.00 $2,612,100.00, $2,585,600.00 for operations, $17,300.00 $0.00 for performance funding, and $19,800.00 $26,500.00 for
costs incurred under the North American Indian tuition waiver.
(3) The
amount appropriated in subsection (2) for community college operations is $289,200,000.00 $325,440,000.00 and is
appropriated from the state school aid fund.
(4)
From the appropriations described in subsection (1), both of the following
apply:
(a)
Subject to section 207a, the amount appropriated for fiscal year 2019-2020 2020-2021 to offset
certain fiscal year 2019-2020
2020-2021 retirement
contributions is $1,733,600.00, appropriated from the state school aid fund.
(b) For
fiscal year 2019-2020, 2020-2021, there is
allocated an amount not to exceed $12,212,000.00 $12,394,000.00 for payments to participating
community colleges, appropriated from the state school aid fund. A community
college that receives money under this subdivision shall use that money solely
for the purpose of offsetting the normal cost contribution rate.
(5)
From the appropriations described in subsection (1), subject to section 207b,
the amount appropriated for payments to community colleges that are
participating entities of the retirement system is $73,100,000.00, $83,900,000.00 appropriated from the state
school aid fund.
(6)
From the appropriations described in subsection (1), subject to section 207c,
the amount appropriated for renaissance zone tax reimbursements is
$2,200,000.00, appropriated from the state school aid fund. Each community college receiving
funds in this subsection shall accrue these payments to its institutional
fiscal year ending June 30, 2021.
(7)
If the department of technology, management, and budget determines that this
state has overpaid the amount of operations and performance funding allocated
to a community college under this article, the department shall establish as a
receivable the amount of overpayment and shall recoup the amount from the
community college in subsequent monthly apportionments of operations and
performance funding. The full amount of overpayment must be recouped within 1
fiscal year.
Sec. 202a. As used in this article:
(a)
"Center" means the center for educational performance and information
created in section 94a.
(b)
"Michigan renaissance zone act" means the Michigan renaissance zone
act, 1996 PA 376, MCL 125.2681 to 125.2696.
(c)
"Participating college" means a community college that is a reporting
unit of the retirement system and that reports employees to the retirement
system for the state fiscal year.
(d)
"Retirement board" means the board that administers the retirement
system under the public school employees retirement act of 1979, 1980 PA 300,
MCL 38.1301 to 38.1437.
(e)
"Retirement system" means the Michigan public school employees'
retirement system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1437.
(f)
"Workforce development agency" means the workforce development agency
within the department of talent and economic development--talent investment
agency.
Sec. 203. Unless otherwise
specified, a community college that receives appropriations in section 201 , the workforce development
agency, and the center shall use the internet to fulfill the
reporting requirements of this article. This requirement may include includes transmission
of reports via electronic mail to the recipients identified for each reporting
requirement or it may
include and placement
of reports on an internet or
intranet site.
Sec. 205. The To the extent possible, the principal
executive officer of each community college that receives appropriations in
section 201 shall take all reasonable steps to ensure businesses in deprived
and depressed communities compete for and perform contracts to provide services
or supplies, or both. Each principal executive officer shall strongly encourage
businesses with which the community college contracts to subcontract with
certified businesses in depressed and deprived communities for services or
supplies, or both.
Sec. 206. (1) The funds appropriated
in section 201 are appropriated for community colleges with fiscal years ending
June 30, 2020 2021 and shall be paid
out of the state treasury and distributed by the state treasurer to the
respective community colleges in 11 monthly installments on the sixteenth of
each month, or the next succeeding business day, beginning with October 16, 2019. 2020. Each community
college shall accrue its July and August 2020 2021 payments to its institutional fiscal
year ending June 30, 2020.2021.
(2) If
the state budget director determines that a community college failed to submit
any of the information described in subdivisions (a) to (f) in the form and
manner specified by the center, the state treasurer shall, subject to
subdivision (g), withhold the monthly installments from that community college
until those data are submitted:
(a) The
Michigan community colleges verified data inventory data for the preceding
academic year to the center by the first business day of November December for fiscal year 2020-2021
and the first business day of November of each year thereafter as specified
in section 217.
(b) The
college credit opportunity data set as specified in section 209.
(c) The
longitudinal data set for the preceding academic year to the center as
specified in section 219.
(d) The
annual independent audit as specified in section 222.
(e)
Tuition and mandatory fees information for the current academic year as
specified in section 225.
(f) The
number and type of associate degrees and other certificates awarded during the
previous academic year as specified in section 226.
(g) The
state budget director shall notify the chairs of the house and senate
appropriations subcommittees on community colleges at least 10 days before
withholding funds from any community college.
Sec. 207a. All of the following
apply to the allocation of the fiscal year 2019-2020 2020-2021 appropriations described in section
201(4):
(a) A
community college that receives money under section 201(4) shall use that money
solely for the purpose of offsetting a portion of the retirement contributions
owed by the college for that fiscal year.
(b) The
amount allocated to each participating community college under section 201(4)
shall be based on each college's percentage of the total covered payroll for
all community colleges that are participating colleges in the immediately
preceding fiscal year.
Sec. 207b. All of the following
apply to the allocation of the fiscal year 2019-2020 2020-2021 appropriations described in section
201(5) for payments to community colleges that are participating entities of
the retirement system:
(a) The
amount of a payment under section 201(5) shall be the difference between the
unfunded actuarial accrued liability contribution rate as calculated under
section 41 of the public school employees retirement act of 1979, 1980 PA 300,
MCL 38.1341, as calculated without taking into account the maximum employer
rate of 20.96% included in section 41 of the public school employees retirement
act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of 20.96%
under section 41 of the public school employees retirement act of 1979, 1980 PA
300, MCL 38.1341.
(b) The
amount allocated to each community college under section 201(5) shall be based
on each community college's percentage of the total covered payroll for all
community colleges that are participating colleges in the immediately preceding
fiscal year. A community college that receives funds under this subdivision
shall use the funds solely for the purpose of retirement contributions under
section 201(5).
(c)
Each participating college that receives funds under section 201(5) shall
forward an amount equal to the amount allocated under subdivision (b) to the
retirement system in a form and manner determined by the retirement system.
Sec. 207c. All of the following
apply to the allocation of the appropriations described in section 201(6) to
community colleges described in section 12(3) of the Michigan renaissance zone
act, 1996 PA 376, MCL 125.2692:
(a) The
amount allocated to each community college under section 201(6) for fiscal year
2019-2020 2020-2021 shall be
based on that community college's proportion of total revenue lost by community
colleges as a result of the exemption of property taxes levied in 2019 2020 under the Michigan
renaissance zone act, 1996 PA 376, MCL 125.2681 to 125.2696.
(b) The
appropriations described in section 201(6) shall be made to each eligible
community college within 60 days after the department of treasury certifies to
the state budget director that it has received all necessary information to
properly determine the amounts payable to each eligible community college under
section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692.
Sec. 209. (1) Within 30 days after
the board of a community college adopts its annual operating budget for the
following fiscal year, or after the board adopts a subsequent revision to that
budget, the community college shall make all of the following available through
a link on its website homepage:
(a) The
annual operating budget and subsequent budget revisions.
(b) A
link to the most recent "Michigan Community College Data Inventory
Report".
(c) General
fund revenue and expenditure projections for the current fiscal year and the
next fiscal year.
(d) A
listing of all debt service obligations, detailed by project, anticipated
payment of each project, and total outstanding debt for the current fiscal
year.
(e)
Links to all of the following for the community college:
(i) The current collective bargaining
agreement for each bargaining unit.
(ii) Each health care benefits plan,
including, but not limited to, medical, dental, vision, disability, long-term
care, or any other type of benefits that would constitute health care services,
offered to any bargaining unit or employee of the community college.
(iii) Audits and financial reports for
the most recent fiscal year for which they are available.
(iv) A copy of the board of trustees
resolution regarding compliance with best practices for the local strategic
value component described in section 230(2).
(f) A
map that includes the boundaries of the community college district.
(2) For
statewide consistency and public visibility, community colleges must use the
icon badge provided by the department of technology, management, and budget
consistent with the icon badge developed by the department of education for
K-12 school districts. It must appear on the front of each community college's
homepage. The size of the icon may be reduced to 150 x 150 pixels.
(3) The
state budget director shall determine whether a community college has complied
with this section. The state budget director may withhold a community college's
monthly installments described in section 206 until the community college
complies with this section. The state budget director shall notify the chairs
of the house and senate appropriations subcommittee on community colleges at least
10 days before withholding funds from any community college.
(4)
Each community college shall report the following information to the senate and
house appropriations subcommittees on community colleges, the senate and house
fiscal agencies, and the state budget office by November December 15 for fiscal year 2020-2021 and November 15 of
each fiscal year thereafter and
post that information on its website as required under subsection (1):
(a)
Budgeted current fiscal year general fund revenue from tuition and fees.
(b)
Budgeted current fiscal year general fund revenue from state appropriations.
(c)
Budgeted current fiscal year general fund revenue from property taxes.
(d)
Budgeted current fiscal year total general fund revenue.
(e)
Budgeted current fiscal year total general fund expenditures.
(5) By
the first business day of November of each year, a community college shall report the following information
to the center and post the following information on its website under
the budget transparency icon badge:
(a)
Opportunities for earning college credit through the following programs:
(i) State approved career and
technical education or a tech prep articulated program of study.
(ii) Direct college credit or
concurrent enrollment.
(iii) Dual enrollment.
(iv) An early college/middle college
program.
(b) For
each program described in subdivision (a) that the community college offers,
all of the following information:
(i) The number of high school students
participating in the program.
(ii) The number of school districts
that participate in the program with the community college.
(iii) Whether a college professor,
qualified local school district employee, or other individual teaches the
course or courses in the program.
(iv) The total cost to the community
college to operate the program.
(v) The cost per credit hour for the
course or courses in the program.
(vi) The location where the course or
courses in the program are held.
(vii) Instructional resources offered to
the program instructors.
(viii) Resources offered to the student
in the program.
(ix) Transportation services provided
to students in the program.
Sec. 209a. (1) A public community
college shall develop, maintain, and update a "campus safety information
and resources" link, prominently displayed on the homepage of its website,
to a section of its website containing all of the information required under
subsection (2).
(2) The
"campus safety information and resources" section of a public
community college's website shall include, but not be limited to, all of the
following information:
(a)
Emergency contact numbers for police, fire, health, and other services.
(b)
Hours, locations, phone numbers, and electronic mail contacts for campus public
safety offices and title IX offices.
(c) A
list of safety and security services provided by the community college,
including transportation, escort services, building surveillance, anonymous tip
lines, and other available security services.
(d) A
public community college's policies applicable to minors on community college
property.
(e) A
directory of resources available at the community college or surrounding community
for students or employees who are survivors of sexual assault or sexual abuse.
(f) An
electronic copy of "A Resource Handbook for Campus Sexual Assault
Survivors, Friends and Family", published in 2018. by the office of the governor in conjunction with the first
lady of Michigan.
(g)
Campus security policies and crime statistics pursuant to the student
right-to-know and campus security act, Public Law 101-542, 104 Stat 2381.
Information shall include all material prepared pursuant to the public information
reporting requirements under the crime awareness and campus security act of
1990, title II of the student right-to-know and campus security act, Public Law
101-542, 104 Stat 2381.
(3) A
community college shall certify to the state budget director by October 1, 2019 and the last business day of
each August thereafter, 2020 that it is in compliance with this
section. The state budget director may withhold a public community college's
monthly installments described in section 206 until the public community
college complies with this section.
Sec. 217. (1) The center shall do
all of the following:
(a)
Establish, maintain, and coordinate the state community college database
commonly known as the "Michigan Community College Data Inventory".
(b)
Collect data concerning community colleges and community college programs in
this state, including data required by law.
(c)
Establish procedures to ensure the validity and reliability of the data and the
collection process.
(d)
Develop model data collection policies, including, but not limited to, policies
that ensure the privacy of any individual student data. Privacy policies shall
ensure that student social
security Social
Security numbers are not released to the public for any purpose.
(e)
Provide data in a useful manner to allow state policymakers and community
college officials to make informed policy decisions.
(f)
Compile and publish electronically the demographic enrollment profile.
(g)
Compile and publish the community college performance improvement and performance
completion rate data to support the performance funding formula metrics
specified in section 230(1)(c) and (e).
(2)
There is created within the center the Michigan Community College Data
Inventory advisory committee. The committee shall provide advice to the
director of the center regarding the management of the state community college
database, including, but not limited to:
(a)
Determining what data are necessary to collect and maintain to enable state and
community college officials to make informed policy decisions.
(b)
Defining the roles of all stakeholders in the data collection system.
(c)
Recommending timelines for the implementation and ongoing collection of data.
(d)
Establishing and maintaining data definitions, data transmission protocols, and
system specifications and procedures for the efficient and accurate
transmission and collection of data.
(e)
Establishing and maintaining a process for ensuring the accuracy of the data.
(f)
Establishing and maintaining policies related to data collection, including,
but not limited to, privacy policies related to individual student data.
(g)
Ensuring that the data are made available to state policymakers and citizens of
this state in the most useful format possible.
(h)
Addressing other matters as determined by the director of the center or as
required by law.
(3) The
Michigan Community College Data Inventory advisory committee created in
subsection (2) shall consist of the following members:
(a) One
representative from the house fiscal agency, appointed by the director of the
house fiscal agency.
(b) One
representative from the senate fiscal agency, appointed by the director of the
senate fiscal agency.
(c) One
representative from the workforce
development agency, department of labor and economic opportunity, appointed by
the director of the workforce
development agency.department
of labor and economic opportunity.
(d) One
representative from the center, appointed by the director of the center.
(e) One
representative from the state budget office, appointed by the state budget
director.
(f) One
representative from the governor's policy office, appointed by that office.
(g)
Four representatives of the Michigan Community College Association, appointed
by the president of the association, that represent a diverse mix of college
sizes.
Sec. 222. Each community college
shall have an annual audit of all income and expenditures performed by an
independent auditor and shall furnish the independent auditor's management
letter and an annual audited accounting of all general and current funds income
and expenditures including audits of college foundations to the center before November December 15 for fiscal year 2020-2021 and
November 15 of each year thereafter. The center shall provide this
information to members of the senate and house appropriations subcommittees on
community colleges, the senate and house fiscal agencies, the auditor general,
the workforce development
agency, department
of labor and economic opportunity, and the state budget director.
If a community college fails to furnish the audit materials, the monthly state
aid installments shall be withheld from that college until the information is
submitted. All reporting shall conform to the requirements set forth in the
"2001 Manual for Uniform Financial Reporting, Michigan Public Community
Colleges". A community college shall make the information the community
college is required to provide under this section available to the public on
its website.
Sec. 223. (1) By February January 15 of each
year, the department of civil rights shall annually submit to the state budget
director, the house and senate appropriations subcommittees on community
colleges, and the house and senate fiscal agencies a report on North American
Indian tuition waivers for the preceding academic year that includes, but is
not limited to, all of the following information:
(a) The
number of waiver applications received and the number of waiver applications
approved.
(b) For
each community college submitting information under subsection (2), all of the
following:
(i) The number of North American
Indian students enrolled each term for the previous academic year.
(ii) The number of North American
Indian waivers granted each term, including continuing education students, and
the monetary value of the waivers for the previous academic year.
(iii) The number of students attending
under a North American Indian tuition waiver who withdrew from the college each
term during the previous academic year. For purposes of this subparagraph, a
withdrawal occurs when a student who has been awarded the waiver withdraws from
the institution at any point during the term, regardless of enrollment in
subsequent terms.
(iv) The number of students attending
under a North American Indian tuition waiver who successfully complete a degree
or certificate program, separated by degree or certificate level, and the
graduation rate for students attending under a North American Indian tuition
waiver who complete a degree or certificate within 150% of the normal time to
complete, separated by the level of the degree or certificate.
(2) A
community college that receives funds under section 201 or a tribal institution that receives funding for the North
American Indian tuition waiver shall provide to the department of
civil rights any information necessary for preparing the report described in
subsection (1), using guidelines and procedures developed by the department of
civil rights.
(3) The
department of civil rights may consolidate the report required under this
section with the report required under section 268, but a consolidated report
must separately identify data for universities and data for community colleges.
Sec. 226. Each community college
shall report to the center by October 15 of each year the numbers and type of
associate degrees and other certificates awarded by the community college
during the previous academic year using the for inclusion in the statewide P-20
longitudinal data system.
Sec. 226a. A community college
receiving an appropriation in section 201 shall place a prominent link to the
website created under section 260 on its website homepage.
Sec. 226b. (1) By September 30, 2021,
each community college receiving an appropriation in section 201 shall submit a
report to the senate and house appropriations subcommittees on community
colleges, the senate and house fiscal agencies, and the state budget director
containing the following information:
(a) The
number of students enrolled during the 2020-2021 academic year.
(b) The
number of courses offered by course type.
(c) The
number of students enrolled by course type.
(d) The
drop rate and pass/fail rate by course type.
(e) The
average number of credit hours for which each student was enrolled at the start
and end of each semester.
(f) The
number of students residing on campus each semester.
(g) The
number of students residing on campus between semesters.
(2) By
November 1, 2020, each community college receiving an appropriation in section
201 shall submit a report to the senate and house appropriations subcommittees
on community colleges, the senate and house fiscal agencies, and the state
budget director containing the following information:
(a) A
list of any student fees assessed related to online learning, and the amount of
those fees.
(b) A list
of any student fees assessed related to COVID-19, and the amount of those fees.
(c) A
timeline of when decisions regarding the course types offered during the
2020-2021 academic year were made, and whether there were changes to those
decisions before the academic year began.
(d) An
overview of COVID-19 mitigation strategies employed or that may be employed, if
necessary.
(e) An
overview of COVID-19 testing criteria and mitigation strategies employed for
controlling an outbreak on campus.
(3) As
used in this section, "course type" means the style of course
delivery as being in-person, online, or as a hybrid of in-person and online
learning.
Sec. 226d. By February 1, 2021, each
community college shall submit to the senate and house appropriations subcommittees
on community colleges, the senate and house fiscal agencies, and the state
budget director a report on activities related to strategic planning and
internal assessment or reassessment to best provide for open and free
expression and speech, while protecting students from hate-speech, violence,
and discrimination.
Sec. 226e. It is the intent of the
legislature to ensure that 60% of Michigan's residents achieve a postsecondary
credential, high-quality industry certification, associate degree, or bachelor's
degree by 2030.
Sec. 229. (1) Each community college
that receives an appropriation in section 201 is expected to include in its
admission application process a specific question as to whether an applicant
for admission has ever served or is currently serving in the United States
Armed Forces or is the spouse or dependent of an individual who has served or
is currently serving in the United States Armed Forces, in order to more
quickly identify potential educational assistance available to that applicant.
(2) It
is expected that each public community college that receives an appropriation
in section 201 shall work with the house and senate community college
subcommittees, the Michigan Community College Association, and veterans groups
to review the issue of in-district tuition for veterans of this state when
determining tuition rates and fees.
(3) Each
community college that receives an appropriation in section 201 is expected to
provide reasonable programming and scheduling accommodations necessary to facilitate
a student's military, national guard, or military reserves duties and training
obligations.
(4) (3) As used in this section,
"veteran" means an honorably discharged veteran entitled to
educational assistance under the provisions of section 5003 of the post-911
veterans educational assistance act of 2008, 38 USC 3301 to 3327.
Sec. 229a. Included in the fiscal
year 2019-2020 2020-2021 appropriations
for the department of technology, management, and budget are appropriations
totaling $34,181,600.00 $35,696,200.00 to
provide funding for the state share of costs for previously constructed capital
projects for community colleges. Those appropriations for state building
authority rent represent additional state general fund support for community
colleges, and the following is an estimate of the amount of that support to
each community college:
(a)
Alpena Community College, $702,500.00.$701,800.00.
(b) Bay
de Noc Community College, $679,000.00.$686,600.00.
(c)
Delta College, $3,905,300.00.$3,845,000.00.
(d)
Glen Oaks Community College, $123,400.00.$124,700.00.
(e)
Gogebic Community College, $56,200.00.$56,800.00.
(f)
Grand Rapids Community College, $2,208,700.00.$2,604,800.00.
(g)
Henry Ford College, $1,031,000.00.$1,042,600.00.
(h)
Jackson College, $2,170,400.00.$2,194,800.00.
(i)
Kalamazoo Valley Community College, $1,947,700.00.$1,969,600.00.
(j)
Kellogg Community College, $715,300.00.$688,600.00.
(k)
Kirtland Community College, $639,100.00.$228,200.00.
(l) Lake Michigan College, $532,300.00.$1,032,500.00.
(m)
Lansing Community College, $1,144,300.00.$1,157,200.00.
(n)
Macomb Community College, $1,653,900.00.$1,672,400.00.
(o) Mid
Michigan Community College, $1,619,700.00.$1,637,900.00.
(p)
Monroe County Community College, $1,604,900.00.$1,585,200.00.
(q)
Montcalm Community College, $973,900.00.$984,800.00.
(r)
C.S. Mott Community College, $1,808,300.00.$2,157,600.00.
(s)
Muskegon Community College, $1,076,800.00.$996,000.00.
(t)
North Central Michigan College, $490,900.00.$694,700.00.
(u)
Northwestern Michigan College, $1,471,300.00.$1,857,000.00.
(v)
Oakland Community College, $466,400.00.$471,600.00.
(w)
Schoolcraft College, $1,550,600.00.$1,770,800.00.
(x)
Southwestern Michigan College, $890,100.00.$834,200.00.
(y) St.
Clair County Community College, $799,300.00.$758,600.00.
(z)
Washtenaw Community College, $1,680,900.00.$1,699,800.00.
(aa)
Wayne County Community College, $1,466,300.00.$1,482,800.00.
(bb)
West Shore Community College, $773,100.00.$759,600.00.
Sec. 230. (1) Money With the exception of fiscal year
2020-2021, money included in the appropriations for community
college operations under section 201(2) in fiscal year 2019-2020 for performance
funding is distributed based on the following formula:
(a)
Allocated proportionate to fiscal year 2018-2019 base appropriations, 30%.
(b)
Based on a weighted student contact hour formula as provided for in the 2016
recommendations of the performance indicators task force, 25%.30%.
(c)
Based on the performance improvement as provided for in the 2016
recommendations of the performance indicators task force and based on data
provided by the center, 10%.
(d)
Based on the performance completion number as provided for in the 2016 recommendations
of the performance indicators task force, 10%.
(e)
Based on the performance completion rate as provided for in the 2016
recommendations of the performance indicators task force and based on data
provided by the center, 10%.
(f)
Based on administrative costs, 5%.
(g)
Based on the local strategic value component, as developed in cooperation with
the Michigan Community College Association and described in subsection (2), 5%.
(h)
Based on the 6 community colleges with the lowest taxable values in the
2017-2018 Michigan community college data inventory report, weighted by fiscal
year equated students, 5%.
(2)
Money included in the appropriations for community college operations under
section 201(2) for local strategic value shall be allocated to each community
college that certifies to the state budget director, through a board of
trustees resolution on or before October 15, 2019, 2020, that the college has met 4 out of 5
best practices listed in each category described in subsection (3). The
resolution shall provide specifics as to how the community college meets each
best practice measure within each category. One-third of funding available
under the strategic value component shall be allocated to each category
described in subsection (3). Amounts distributed under local strategic value
shall be on a proportionate basis to each college's fiscal year 2018-2019 2019-2020 operations
funding. Payments to community colleges that qualify for local strategic value
funding shall be distributed with the November installment payment described in
section 206.
(3) For
purposes of subsection (2), the following categories of best practices reflect
functional activities of community colleges that have strategic value to the
local communities and regional economies:
(a) For
Category A, economic development and business or industry partnerships, the
following:
(i) The community college has active
partnerships with local employers including hospitals and health care
providers.
(ii) The community college provides
customized on-site training for area companies, employees, or both.
(iii) The community college supports
entrepreneurship through a small business assistance center or other training
or consulting activities targeted toward small businesses.
(iv) The community college supports
technological advancement through industry partnerships, incubation activities,
or operation of a Michigan technical education center or other advanced
technology center.
(v) The community college has active
partnerships with local or regional workforce and economic development
agencies.
(b) For
Category B, educational partnerships, the following:
(i) The community college has active
partnerships with regional high schools, intermediate school districts, and
career-tech centers to provide instruction through dual enrollment, concurrent
enrollment, direct credit, middle college, or academy programs.
(ii) The community college hosts,
sponsors, or participates in enrichment programs for area K-12 students, such
as college days, summer or after-school programming, or Science Olympiad.
(iii) The community college provides,
supports, or participates in programming to promote successful transitions to
college for traditional age students, including grant programs such as talent search,
upward bound, or other activities to promote college readiness in area high
schools and community centers.
(iv) The community college provides,
supports, or participates in programming to promote successful transitions to
college for new or reentering adult students, such as adult basic education, a
high school equivalency test preparation program and testing, or recruiting,
advising, or orientation activities specific to adults. As used in this
subparagraph, "high school equivalency test preparation program"
means that term as defined in section 4.
(v) The community college has active
partnerships with regional 4-year colleges and universities to promote
successful transfer, such as articulation, 2+2, or reverse transfer agreements
or operation of a university center.
(c) For
Category C, community services, the following:
(i) The community college provides
continuing education programming for leisure, wellness, personal enrichment, or
professional development.
(ii) The community college operates or
sponsors opportunities for community members to engage in activities that
promote leisure, wellness, cultural or personal enrichment such as community
sports teams, theater or musical ensembles, or artist guilds.
(iii) The community college operates
public facilities to promote cultural, educational, or personal enrichment for
community members, such as libraries, computer labs, performing arts centers,
museums, art galleries, or television or radio stations.
(iv) The community college operates
public facilities to promote leisure or wellness activities for community
members, including gymnasiums, athletic fields, tennis courts, fitness centers,
hiking or biking trails, or natural areas.
(v) The community college promotes,
sponsors, or hosts community service activities for students, staff, or
community members.
(4)
Payments for performance funding under section 201(2) shall be made to a
community college only if that community college actively participates in the
Michigan Transfer Network sponsored by the Michigan Association of Collegiate
Registrars and Admissions Officers and submits timely updates, including
updated course equivalencies at least every 6 months, to the Michigan transfer
network. The state budget director shall determine if a community college has
not satisfied this requirement. The state budget director may withhold payments
for performance funding until a community college is in compliance with this
section.
Sec. 236. (1) Subject to the
conditions set forth in this article, the amounts listed in this section are
appropriated for higher education for the fiscal year ending September 30, 2020, 2021, from the funds
indicated in this section. The following is a summary of the appropriations in
this section: and 236g:
(a) The
gross appropriation is $1,691,395,000.00.
$1,699,925,400.00.
After deducting total interdepartmental grants and
intradepartmental transfers in the amount of $0.00, the adjusted gross
appropriation is $1,691,395,000.00.$1,699,925,400.00.
(b) The
sources of the adjusted gross appropriation described in subdivision (a) are as
follows:
(i) Total federal revenues, $297,753,000.00.$126,026,400.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted
revenues, $185,692,700.00.$356,063,300.00.
(v) State general fund/general purpose
money, $1,207,949,300.00.$1,217,835,700.00.
(2)
Amounts appropriated for public universities are as follows:
(a) The
appropriation for Central Michigan University is $79,406,800.00, $77,335,600.00 $89,564,500.00, $87,600,000.00 for operations, $473,100.00 $0.00 for performance funding, and $1,598,100.00 $1,964,500.00 for
costs incurred under the North American Indian tuition waiver.
(b) The
appropriation for Eastern Michigan University is $68,897,800.00, $68,207,300.00 $77,555,200.00, $77,253,700.00 for operations, $388,200.00 $0.00 for performance funding, and $302,300.00 $301,500.00.00 for
costs incurred under the North American Indian tuition waiver.
(c) The
appropriation for Ferris State University is $49,865,900.00, $48,598,300.00 $55,934,300.00, $55,025,500.00 for operations, $260,300.00 $0.00 for performance funding, and $1,007,300.00 $908,800.00.00 for
costs incurred under the North American Indian tuition waiver.
(d) The
appropriation for Grand Valley State University is $65,284,000.00, $63,735,600.00 $73,490,700.00, $72,313,500.00 for operations, $473,400.00 $0.00 for performance funding, and $1,075,000.00 $1,177,200.00 for
costs incurred under the North American Indian tuition waiver.
(e) The
appropriation for Lake Superior State University is $12,858,400.00, $11,853,200.00 $15,252,100.00, $13,307,000.00 for operations, $51,200.00 $0.00 for performance funding, and $954,000.00 $945,100.00 for
costs incurred under the North American Indian tuition waiver, and $1,000,000.00 for a 1-time pass-through payment for Bay Mills
Community College.
(f) The
appropriation for Michigan State University is $321,670,300.00, $253,773,700.00 $354,009,100.00, $287,331,700.00 for operations, $1,355,500.00 $0.00 for performance funding, $1,467,700.00 $1,604,000.00 for costs incurred under the North American Indian tuition
waiver, $34,937,300.00 for MSU AgBioResearch, and $30,136,100.00 for MSU Extension.
(g) The
appropriation for Michigan Technological University is $44,953,000.00, $44,250,000.00 $50,795,200.00, $50,101,600.00 for operations, $236,500.00 $0.00 for performance funding, and $466,500.00 $693,600.00 for
costs incurred under the North American Indian tuition waiver.
(h) The
appropriation for Northern Michigan University is $43,550,900.00, $42,244,100.00 $48,869,700.00, $47,809,100.00 for operations, $206,800.00 $0.00 for performance funding, and $1,100,000.00 $1,060,600.00 for
costs incurred under the North American Indian tuition waiver.
(i) The
appropriation for Oakland University is $47,476,000.00, $46,811,300.00 $53,413,500.00, $53,147,400.00 for operations, $379,600.00 $0.00 for performance funding, and $285,100.00 $266,100.00 for
costs incurred under the North American Indian tuition waiver.
(j) The
appropriation for Saginaw Valley State University is $27,380,000.00, $27,043,100.00 $30,803,300.00, $30,583,800.00 for operations, $113,000.00 $0.00 for performance funding, and $223,900.00 $219,500.00 for
costs incurred under the North American Indian tuition waiver.
(k) The
appropriation for University of Michigan – Ann Arbor is $286,689,000.00, $284,363,300.00 $322,931,100.00, $321,970,100.00 for operations, $1,522,200.00 $0.00 for performance funding, and $803,500.00 $961,000.00 for
costs incurred under the North American Indian tuition waiver.
(l) The appropriation for University
of Michigan – Dearborn is $23,394,600.00,
$23,074,000.00 $26,334,800.00,
$26,167,000.00 for operations, $160,400.00 $0.00 for
performance funding, and $160,200.00 $167,800.00 for costs incurred under the North American Indian tuition
waiver.
(m) The
appropriation for University of Michigan – Flint is $21,246,400.00, $20,860,700.00 $23,964,400.00, $23,616,200.00 for operations, $108,700.00 $0.00 for performance funding, and $277,000.00 $348,200.00 for
costs incurred under the North American Indian tuition waiver.
(n) The
appropriation for Wayne State University is $180,663,300.00, $179,461,100.00 $203,458,900.00, $202,996,700.00 for operations, $785,000.00 $0.00 for performance funding, and $417,200.00 $462,200.00 for
costs incurred under the North American Indian tuition waiver.
(o) The
appropriation for Western Michigan University is $99,791,300.00, $98,538,400.00 $112,363,900.00, $111,522,200.00 for operations, $485,000.00 $0.00 for performance funding, and $767,900.00 $841,700.00 for
costs incurred under the North American Indian tuition waiver.
(3) The
amount appropriated in subsection (2) for public universities is $1,373,127,700.00, $1,538,740,700.00, appropriated
from the following:
(a)
State school aid fund, $179,441,700.00.$343,168,300.00.
(b)
State general fund/general purpose money, $1,193,686,000.00.$1,195,572,400.00.
(4) The
amount appropriated for Michigan public school employees' retirement system
reimbursement is $5,017,000.00,
$11,695,000.00, appropriated
from the state school aid fund.
(5) The
amount appropriated for state and regional programs is $315,000.00,
appropriated from general fund/general purpose money and allocated as follows:
(a)
Higher education database modernization and conversion, $200,000.00.
(b)
Midwestern Higher Education Compact, $115,000.00.
(6) The
amount appropriated for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks
program is $2,691,500.00, appropriated from general fund/general purpose money
and allocated as follows:
(a)
Select student support services, $1,956,100.00.
(b)
Michigan college/university partnership program, $586,800.00.
(c)
Morris Hood, Jr. educator development program, $148,600.00.
(7)
Subject to subsection (8), the amount appropriated for grants and financial aid
is $145,283,200.00, allocated as follows:
(a)
State competitive scholarships, $29,861,700.00.
(b)
Tuition grants, $42,021,500.00.
(c)
Tuition incentive program, $68,800,000.00.
(d)
Children of veterans and officer's survivor tuition grant programs,
$1,400,000.00.
(e)
Project GEAR-UP, $3,200,000.00.
(8) The
money appropriated in subsection (7) for grants and financial aid is
appropriated from the following:
(a)
Federal revenues under the United States Department of Education, Office of
Elementary and Secondary Education, GEAR-UP program, $3,200,000.00.
(b)
Federal revenues under the social security act, temporary assistance for needy
families, $130,826,400.00.$122,826,400.00.
(c)
State general fund/general purpose money, $11,256,800.00.$19,256,800.00.
(9) For
fiscal year 2019-2020 2020-2021 only, in
addition to the allocation under subsection (4), from the appropriations
described in subsection (1), there is allocated an amount not to exceed $1,234,000.00 $1,200,000.00 for
payments to participating public universities, appropriated from the state
school aid fund. A university that receives money under this subsection shall
use that money solely for the purpose of offsetting the normal cost
contribution rate. As used in this subsection, "participating public
universities" means public universities that are a reporting unit of the
Michigan public school employees' retirement system under the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that
pay contributions to the Michigan public school employees' retirement system
for the state fiscal year.
(10)
If the department of technology, management, and budget determines that this
state has overpaid the amount of operations and performance funding allocated
to a university under this article, the department shall establish as a
receivable the amount of overpayment and shall recoup the amount from the
university in subsequent monthly apportionments of operations and performance
funding. The full amount of overpayment must be recouped within 1 fiscal year.
Sec. 236b. In addition to the funds
appropriated in section 236, there is appropriated for grants and financial aid
in fiscal year 2019-2020 2020-2021 an amount not
to exceed $6,000,000.00 for federal contingency funds. These funds are not
available for expenditure until they have been transferred under section 393(2)
of the management and budget act, 1984 PA 431, MCL 18.1393, for another purpose
under this article.
Sec. 236c. In addition to the funds
appropriated for fiscal year 2019-2020
2020-2021 in
section 236, appropriations to the department of technology, management, and
budget in the act providing general appropriations for fiscal year 2019-2020 2020-2021 for state
building authority rent, totaling an estimated $144,995,300.00 $145,848,500.00 provide funding for the state
share of costs for previously constructed capital projects for state
universities. These appropriations for state building authority rent represent
additional state general fund support provided to public universities, and the
following is an estimate of the amount of that support to each university:
(a)
Central Michigan University, $12,141,800.00.$13,078,900.00.
(b)
Eastern Michigan University, $7,673,600.00.$7,074,300.00.
(c)
Ferris State University, $8,434,200.00.$7,939,200.00.
(d)
Grand Valley State University, $6,752,400.00.$7,229,800.00.
(e)
Lake Superior State University, $1,856,100.00.$1,805,200.00.
(f)
Michigan State University, $15,514,900.00.$15,199,500.00.
(g)
Michigan Technological University, $6,912,500.00.$6,805,300.00.
(h)
Northern Michigan University, $7,449,600.00.$7,334,200.00.
(i)
Oakland University, $12,908,600.00.$12,708,600.00.
(j)
Saginaw Valley State University, $10,670,900.00.$7,907,100.00.
(k)
University of Michigan - Ann Arbor, $9,795,900.00.$9,644,100.00.
(l) University of Michigan - Dearborn,
$9,522,700.00.$11,106,100.00.
(m)
University of Michigan - Flint, $4,128,900.00.$6,413,000.00.
(n)
Wayne State University, $16,008,000.00.$16,610,900.00.
(o)
Western Michigan University, $15,225,200.00.$14,989,300.00.
Sec. 237b. As used in this article, :
(a)
"Center" "center"
means the center
for educational performance and information created in section 94a.
(b)
"Workforce development agency" means the workforce development agency
within the department of talent and economic development--talent investment
agency.
Sec. 238. Unless otherwise
specified, a public university receiving appropriations in section 236 shall
use the internet to fulfill the reporting requirements of this article. This requirement
may include includes transmission
of reports via electronic mail to the recipients identified for each reporting
requirement , or it may include and placement of
reports on an internet or
intranet site.
Sec. 241. (1) Subject to sections
244 and 265a, the funds appropriated in section 236 to public universities
shall be paid out of the state treasury and distributed by the state treasurer
to the respective institutions in 11 equal monthly installments on the
sixteenth of each month, or the next succeeding business day, beginning with
October 16, 2019. 2020. Except for Wayne
State University, each institution shall accrue its July and August 2020 2021 payments to its
institutional fiscal year ending June 30, 2020.2021.
(2) All
public universities shall submit higher education institutional data inventory
(HEIDI) data and associated financial and program information requested by and
in a manner prescribed by the state budget director. For public universities
with fiscal years ending June 30, 2019, these data shall be submitted to the
state budget director by October
November 15 , 2019. for fiscal year 2020-2021 and October
15 of each fiscal year thereafter. Public universities with a
fiscal year ending September 30, 2019 2020 shall submit preliminary HEIDI data by
November 15, 2019 2020 and final data by
December 15, 2019. 2020. If a public
university fails to submit HEIDI data and associated financial aid program
information in accordance with this reporting schedule, the state treasurer may
withhold the monthly installments under subsection (1) to the public university
until those data are submitted.
Sec. 242. Funds received by the
state from the federal government or private sources for the use of a college
or university are appropriated for the purposes for which they are provided. The acceptance and use of federal
or private funds do not place an obligation on the legislature to continue the
purposes for which the funds are made available.
Sec. 245. (1) A public university
shall maintain a public transparency website available through a link on its
website homepage. The public university shall update this website within 30
days after the university's governing board adopts its annual operating budget
for the next academic year, or after the governing board adopts a subsequent
revision to that budget.
(2) The
website required under subsection (1) shall include all of the following
concerning the public university:
(a) The
annual operating budget and subsequent budget revisions.
(b) A
summary of current expenditures for the most recent fiscal year for which they
are available, expressed as pie charts in the following 2 categories:
(i) A chart of personnel expenditures,
broken into the following subcategories:
(A)
Earnings and wages.
(B)
Employee benefit costs, including, but not limited to, medical, dental, vision,
life, disability, and long-term care benefits.
(C)
Retirement benefit costs.
(D) All
other personnel costs.
(ii) A chart of all current
expenditures the public university reported as part of its higher education
institutional data inventory data under section 241(2), broken into the same
subcategories in which it reported those data.
(c)
Links to all of the following for the public university:
(i) The current collective bargaining
agreement for each bargaining unit.
(ii) Each health care benefits plan,
including, but not limited to, medical, dental, vision, disability, long-term
care, or any other type of benefits that would constitute health care services,
offered to any bargaining unit or employee of the public university.
(iii) Audits and financial reports for
the most recent fiscal year for which they are available.
(d) A
list of all positions funded partially or wholly through institutional general
fund revenue that includes the position title and annual salary or wage amount
for each position.
(e)
General fund revenue and expenditure projections for the current fiscal year
and the next fiscal year.
(f) A
listing of all debt service obligations, detailed by project, anticipated
fiscal year payment for each project, and total outstanding debt for the
current fiscal year.
(g) The
institution's policy regarding the transferability of core college courses
between community colleges and the university.
(h) A
listing of all community colleges that have entered into reverse transfer
agreements with the university.
(3) On
the website required under subsection (1), a public university shall provide a
dashboard or report card demonstrating the university's performance in several
"best practice" measures. The dashboard or report card shall include
at least all of the following for the 3 most recent academic years for which
the data are available:
(a)
Enrollment.
(b)
Student retention rate.
(c)
Six-year graduation rates.
(d)
Number of Pell grant recipients and graduating Pell grant recipients.
(e)
Geographic origination of students, categorized as in-state, out-of-state, and
international.
(f)
Faculty to student ratios and total university employee to student ratios.
(g)
Teaching load by faculty classification.
(h)
Graduation outcome rates, including employment and continuing education.
(4) For
statewide consistency and public visibility, public universities must use the
icon badge provided by the department of technology, management, and budget
consistent with the icon badge developed by the department of education for
K-12 school districts. It must appear on the front of each public university's
homepage. The size of the icon may be reduced to 150 x 150 pixels. The font
size and style for this reporting must be consistent with other documents on
each university's website.
(5) The
state budget director shall determine whether a public university has complied
with this section. The state budget director may withhold a public university's
monthly installments described in section 241 until the public university
complies with this section.
(6) By
the first business day of November of each year, a public university shall report the following information
to the center and post the following information on its website under
the budget transparency icon badge:
(a)
Opportunities for earning college credit through the following programs:
(i) State approved career and
technical education or a tech prep articulated program of study.
(ii) Direct college credit or
concurrent enrollment.
(iii) Dual enrollment.
(iv) An early college/middle college
program.
(b) For
each program described in subdivision (a) that the public university offers,
all of the following information:
(i) The number of high school students
participating in the program.
(ii) The number of school districts
that participate in the program with the public university.
(iii) Whether a university professor,
qualified local school district employee, or other individual teaches the
course or courses in the program.
(iv) The total cost to the public
university to operate the program.
(v) The cost per credit hour for the
course or courses in the program.
(vi) The location where the course or
courses in the program are held.
(vii) Instructional resources offered to
the program instructors.
(viii) Resources offered to the student
in the program.
(ix) Transportation services provided
to students in the program.
(7) A
public university shall collect and report the number and percentage of all
enrolled students who complete the Free Application for Federal Student Aid,
broken out by undergraduate and graduate/professional classifications, to the
center and post the information on its website under the budget transparency
icon badge.
Sec. 245a. (1) A public university
shall develop, maintain, and update a "campus safety information and
resources" link, prominently displayed on the homepage of its website, to
a section of its website containing all of the information required under
subsection (2).
(2) The
"campus safety information and resources" section of a public
university's website shall include, but not be limited to, all of the following
information:
(a)
Emergency contact numbers for police, fire, health, and other services.
(b)
Hours, locations, phone numbers, and electronic mail contacts for campus public
safety offices and title IX offices.
(c) A
listing of safety and security services provided by the university, including
transportation, escort services, building surveillance, anonymous tip lines,
and other available security services.
(d) A
public university's policies applicable to minors on university property.
(e) A
directory of resources available at the university or surrounding community for
students or employees who are survivors of sexual assault or sexual abuse.
(f) An
electronic copy of "A Resource Handbook for Campus Sexual Assault
Survivors, Friends and Family", published in 2018. by the office of the governor in conjunction with the first
lady of Michigan.
(g)
Campus security policies and crime statistics pursuant to the student
right-to-know and campus security act, Public Law 101-542, 104 Stat 2381.
Information shall include all material prepared pursuant to the public
information reporting requirements under the crime awareness and campus
security act of 1990, title II of the student right-to-know and campus security
act, Public Law 101-542, 104 Stat 2381.
(3) A
public university shall certify to the state budget director by October 1, 2019 and the last business day of
each August thereafter 2020 that it is in compliance with this
section. The state budget director may withhold a public university's monthly
installments described in section 241 until the public university complies with
this section.
Sec. 256. (1) The funds appropriated
in section 236 for the tuition incentive program must be distributed as
provided in this section and pursuant to the administrative procedures for the
tuition incentive program of the department of treasury.
(2) As
used in this section:
(a)
"Phase I" means the first part of the tuition incentive program
defined as the academic period of 80 semester or 120 term credits, or less,
leading to an associate degree or certificate. Students must be enrolled in a
certificate or associate degree program and taking classes within the program
of study for a certificate or associate degree. Tuition will not be covered for
courses outside of a certificate or associate degree program.
(b)
"Phase II" means the second part of the tuition incentive program that
provides assistance in the third and fourth year of 4-year degree programs.
(c)
"Department" means the department of treasury.
(d)
"High school equivalency certificate" means that term as defined in
section 4.
(3) An
individual must meet the following basic criteria and financial thresholds to
be eligible for tuition incentive program benefits:
(a) To
be eligible for phase I, an individual must meet all of the following criteria:
(i) Apply for certification to the
department any time after he or she begins the sixth grade but before
August 31 of the school year in which he or she graduates from high school
or before achieving a high school equivalency certificate. However, an
individual who graduated or achieved a high school equivalency certificate
after March 15, 2020 and before September 1, 2020 may apply for certification
to the department any time before August 31, 2021.
(i) (ii) Be less than 20 years of age at the
time he or she graduates from high school with a diploma or certificate of completion
or achieves a high school equivalency certificate or, for students attending a
5-year middle college approved by the Michigan department of education, be less
than 21 years of age when he or she graduates from high school.
(ii) (iii) Be a United States citizen and a
resident of this state according to institutional criteria.
(iii) (iv) Be at least a half-time student,
earning less than 80 semester or 120 term credits at a participating
educational institution within 4 years of high school graduation or achievement
of a high school equivalency certificate. All program eligibility expires 6 years from high school
graduation or achievement of a high school equivalency certificate.10 years after initial enrollment at
a participating educational institution.
(iv) (v) Meet the satisfactory academic
progress policy of the educational institution he or she attends.
(b) To
be eligible for phase II, an individual must meet either of the following
criteria in addition to the criteria in subdivision (a):
(i) Complete at least 56 transferable
semester or 84 transferable term credits.
(ii) Obtain an associate degree or
certificate at a participating institution.
(c) To
be eligible for phase I or phase II, an individual must be financially eligible
as determined by the department. An individual is financially eligible for the
tuition incentive program if he or she was eligible for Medicaid from this
state for 24 months within the 36 consecutive months before application. The
department shall accept certification of Medicaid eligibility only from the
department of health and human services for the purposes of verifying if a
person is Medicaid eligible for 24 months within the 36 consecutive months
before application. Certification of eligibility may begin in the sixth grade.
(4) For
phase I, the department shall provide payment on behalf of a person eligible
under subsection (3). The department shall only accept standard per-credit
hour tuition billings and shall reject billings that are excessive or outside
the guidelines for the type of educational institution.
(5) For
phase I, all of the following apply:
(a)
Payments for associate degree or certificate programs must not be made for more
than 80 semester or 120 term credits for any individual student at any
participating institution.
(b) For
persons enrolled at a Michigan community college, the department shall pay the
current in-district tuition and mandatory fees. For persons residing in an area
that is not included in any community college district, the out-of-district
tuition rate may be authorized.
(c) For
persons enrolled at a Michigan public university, the department shall pay
lower division resident tuition and mandatory fees for the current year.
(d) For
persons enrolled at a Michigan independent, nonprofit degree-granting college
or university, or a Michigan federal tribally controlled community college, or
Focus: HOPE, the department shall pay mandatory fees for the current year and a
per-credit payment that does not exceed the average community college in-district
per-credit tuition rate as reported on August 1, by the last business day of August for the
immediately preceding academic year.
(6) A
person participating in phase II may be eligible for additional funds not to
exceed $500.00 per semester or $400.00 per term up to a maximum of $2,000.00
subject to the following conditions:
(a)
Credits are earned in a 4-year program at a Michigan degree-granting 4-year
college or university.
(b) The
tuition reimbursement is for coursework completed within 30 months of
completion of the phase I requirements.
(7) The
department shall work closely with participating institutions to develop an application and
eligibility determination process that will provide the highest
level of participation and ensure that all requirements of the program are met.
(8) Applications for the tuition
incentive program may be approved at any time after the student begins the
sixth grade. If a determination of financial eligibility is made, that
determination is valid as long as the student meets all other program
requirements and conditions.The department shall notify students of their financial
eligibility for the program any time after the student begins sixth grade.
(9)
Except as otherwise provided in section 3(d) of the Michigan reconnect grant
act, 2020 PA 84, MCL 390.1703, and section 17 of the Michigan reconnect grant
recipient act, 2020 PA 68, MCL 390.1717, each institution shall ensure that all
known available restricted grants for tuition and fees are used prior to
billing the tuition incentive program for any portion of a student's tuition
and fees.
(10)
The department shall ensure that the tuition incentive program is well
publicized and that eligible Medicaid clients are provided information on the
program. The department shall provide the necessary funding and staff to fully
operate the program.
(11)
Any unexpended and unencumbered funds remaining on September 30, 2020 from the
amounts appropriated in section 236 for the tuition incentive program for
fiscal year 2019-2020 do not lapse on September 30, 2020, but continue to be
available for expenditure for tuition incentive program funds under a work
project account.
(11) (12) The department of treasury shall
collaborate with the center to use the P-20 longitudinal data system to report
the following information for each qualified postsecondary institution:
(a) The
number of phase I students in the most recently completed academic year who in
any academic year received a tuition incentive program award and who
successfully completed a degree or certificate program. Cohort graduation rates
for phase I students shall be calculated using the established success rate
methodology developed by the center in collaboration with the postsecondary
institutions.
(b) The
number of students in the most recently completed academic year who in any
academic year received a Pell grant at the reporting institution and who
successfully completed a degree or certificate program. Cohort graduation rates
for students who received Pell grants must be calculated using the established
success rate methodology developed by the center in collaboration with the
postsecondary institutions.
(13)
If a qualified postsecondary institution does not report the data necessary to
comply with subsection (12) to the P-20 longitudinal data system, the
institution shall report, in a form and manner satisfactory to the department
of treasury and the center, all of the information needed to comply with
subsection (12) by December 1, 2020.
(12) (14) Beginning in fiscal year 2020-2021,
if a qualified postsecondary institution does not report the data necessary to
complete the reporting in subsection (12) (11) to the P-20 longitudinal data system by
October 15 for the prior academic year, the department of treasury shall not
award phase I tuition incentive program funding to otherwise eligible students
enrolled in that institution until the data are submitted.
Sec. 259. It is the intent of the
legislature that the department of treasury launch an aggressive campaign to
inform high school students about the financial aid programs offered by this
state and the eligibility requirements for participation in those financial aid
programs.
Sec. 260. (1) The department of
treasury shall work with student and postsecondary education groups, including
the Michigan College Access Network, the Michigan Association of State
Universities, the Michigan Community College Association, and the Michigan
Independent Colleges and Universities, to provide an online informational
resource for prospective and current student loan borrowers. The online
informational resource must be a website or a portion of an existing website
designed and maintained by the department of treasury that, to the extent
practicable, contains information including, but not limited to, all of the
following:
(a) A
list of public and private community support centers, student debt clinics, and
other organizations and their contact information submitted by Michigan College
Access Network that provides free information and services for student loan
borrowers to help educate them about repayment options and to help them access
student loan programs or benefits for which they may be eligible.
(b)
Links to state and federal financial aid programs, including FAFSA and College
Scorecard.
(c)
Benefits of federal student loans that may no longer be available if a borrower
refinances a loan.
(d)
Links to net price calculators for community colleges receiving an
appropriation in section 201 and universities receiving an appropriation in
section 236, if available.
(e) A
list of loan servicers, including FAFSA.gov for federal loans, and contact
information for each and for federally held loans made through the William D.
Ford Federal Direct Loan Program and the Federal Family Education Loan Program.
(f)
Information on the fundamentals of borrowing and repayment, including, but not
limited to, all of the following:
(i) Types
of student loans and repayment options, including income-driven repayment, and
a listing of employers in this state offering employment eligible for public
service loan-forgiveness.
(ii)
Deciding how much to borrow.
(iii)
Creating a plan for borrowing and repayment.
(iv)
Estimating how much borrowing is needed for a given school year.
(v)
Evaluating financial aid offers.
(vi)
Factors that affect total student loan costs.
(vii) Tips
for graduating with less student loan debt.
(viii) A
loan payment calculator or a link to a loan payment calculator that can be used
for different types of loans.
(ix) Links
to federal student loan entrance and exit counseling services and the FACT
tool.
(x)
Student loan debt relief scams.
(g) A
list of student loan providers in this state.
(2) A
university receiving an appropriation in section 236 shall place a prominent
link to the website created under this section on its website homepage.
(3)
Independent colleges and universities in this state are encouraged to place a
link to the website created under this section on their website homepages.
Sec. 263. (1) Included in the
appropriation in section 236 for fiscal year 2019-2020 2020-2021 for MSU AgBioResearch is
$2,982,900.00 and included in the appropriation in section 236 for MSU
Extension is $2,645,200.00 for Project GREEEN. Project GREEEN is intended to
address critical regulatory, food safety, economic, and environmental problems
faced by this state's plant-based agriculture, forestry, and processing
industries. "GREEEN" is an acronym for Generating Research and
Extension to Meet Environmental and Economic Needs.
(2) The
department of agriculture and rural development and Michigan State University,
in consultation with agricultural commodity groups and other interested parties,
shall develop Project GREEEN and its program priorities.
Sec. 264. Included in the
appropriation in section 236 for fiscal year 2019-2020 2020-2021 for Michigan State University is
$80,000.00 for the Michigan Future Farmers of America Association. This $80,000.00
allocation shall not supplant any existing support that Michigan State
University provides to the Michigan Future Farmers of America Association.
Sec. 265. (1) Payments under section
265a for performance funding for fiscal years 2019-2020, 2020-2021, 2020-2021, 2021-2022, and 2021-2022 2022-2023 shall only be
made to a public university that certifies to the state budget director by
October 1, 2019 2020 that its board did
not adopt an increase in tuition and fee rates for resident undergraduate students
after September 1, 2018 2019 for the 2018-2019 2019-2020 academic year
and that its board will not adopt an increase in tuition and fee rates for
resident undergraduate students for the 2019-2020 2020-2021 academic year that is greater than 4.4% 4.25% or $587.00, $586.00, whichever is
greater. As used in this subsection:
(a)
"Fee" means any board-authorized fee that will be paid by more than
1/2 of all resident undergraduate students at least once during their
enrollment at a public university, as described in the higher education
institutional data inventory (HEIDI) user manual. A university increasing a fee
that applies to a specific subset of students or courses shall provide
sufficient information to prove that the increase applied to that subset will
not cause the increase in the average amount of board-authorized total tuition
and fees paid by resident undergraduate students in the 2019-2020 2020-2021 academic year
to exceed the limit established in this subsection.
(b)
"Tuition and fee rate" means the average of full-time rates paid by a
majority of students in each undergraduate class, based on an unweighted
average of the rates authorized by the university board and actually charged to
students, deducting any uniformly rebated or refunded amounts, for the 2
semesters with the highest levels of full-time equated resident undergraduate
enrollment during the academic year, as described in the higher education
institutional data inventory (HEIDI) user manual.
(2) The
state budget director shall implement uniform reporting requirements to ensure
that a public university receiving a payment under section 265a for performance
funding has satisfied the tuition restraint requirements of this section. The
state budget director shall have the sole authority to determine if a public
university has met the requirements of this section. Information reported by a
public university to the state budget director under this subsection shall also
be reported to the house and senate appropriations subcommittees on higher
education and the house and senate fiscal agencies.
(3)
Universities that exceed the tuition and fee rate cap described in subsection
(1) shall not receive a planning or construction authorization for a
state-funded capital outlay project in fiscal years 2020-2021, 2021-2022, 2021-2022, 2022-2023, or 2022-2023.2023-2024.
(4)
Notwithstanding any other provision of this act, the legislature may at any
time adjust appropriations for a university that adopts an increase in tuition
and fee rates for resident undergraduate students that exceeds the rate cap
established in subsection (1).
Sec. 265b. (1) Appropriations to
public universities in section 236 for the fiscal year ending September 30, 2020 2021 for operations
funding shall be reduced by 10% pursuant to the procedures described in
subdivision (a) for a public university that fails to submit certification to
the state budget director, the house and senate appropriations subcommittees on
higher education, and the house and senate fiscal agencies by October 1, 2019 2020 that the
university complies with sections 274c and 274d and that it complies with all
of the requirements described in subdivisions (b) to (i), as follows:
(a) If
a university fails to submit certification, the state budget director shall
withhold 10% of that university's annual operations funding until the
university submits certification. If a university fails to submit certification
by the end of the fiscal year, the 10% of its annual operations funding that is
withheld shall lapse to the general fund.
(b) For
title IX investigations of alleged sexual misconduct, the university prohibits
the use of medical experts that have an actual or apparent conflict of
interest.
(c) For
title IX investigations of alleged sexual misconduct, the university prohibits
the issuance of divergent reports to complainants, respondents, and
administration and instead requires that identical reports be issued to them.
(d)
Consistent with the university's obligations under 20 USC 1092(f), the
university notifies each individual who reports having experienced sexual
assault by a student, faculty member, or staff member of the university that
the individual has the option to report the matter to law enforcement, to the
university, to both, or to neither, as the individual may choose.
(e) The
university provides both of the following:
(i) For all freshmen and incoming
transfer students enrolled, an in-person sexual misconduct prevention
presentation or course, which must include contact information for the title IX
office of the university.
(ii) For all students not considered
freshmen or incoming transfer students, an online or electronic sexual
misconduct prevention presentation or course.
(f) The
university prohibits seeking compensation from the recipient of any medical
procedure, treatment, or care provided by a medical professional who has been
convicted of a felony arising out of the medical procedure, treatment, or care.
(g) The
university had a third party review its title IX compliance office and related
policies and procedures by the end of the 2018-2019 academic year. A copy of
the third-party review shall be transmitted to the state budget director, the
house and senate appropriations subcommittees on higher education, and the
house and senate fiscal agencies. After the third-party review has been
conducted for the 2018-2019 academic year, the university shall have a
third-party review once every three years and a copy of the third-party review
shall be transmitted to the state budget director, the house and senate
appropriations subcommittees on higher education, and the house and senate
fiscal agencies.
(h) The
university requires that the governing board and the president or chancellor of
the university receive not less than quarterly reports from their title IX
coordinator or title IX office. The report shall contain aggregated data of the
number of sexual misconduct reports that the office received for the academic
year, the types of reports received, including reports received against employees,
and a summary of the general outcomes of the reports and investigations. A
member of the governing board may request to review a title IX investigation
report involving a complaint against an employee, and the university shall
provide the report in a manner it considers appropriate. The university shall
protect the complainant's anonymity, and the report shall not contain specific
identifying information.
(i) If
allegations against an employee are made in more than 1 title IX complaint that
resulted in the university finding that no misconduct occurred, the university
requires that the title IX officer promptly notify the president or chancellor
and a member of the university's governing board in writing and take all
appropriate steps to ensure that the matter is being investigated thoroughly,
including hiring an outside investigator for future cases involving that
employee. A third-party title IX investigation under this subdivision does not
prohibit the university from simultaneously conducting its own title IX
investigation through its own title IX coordinator.
(2)
Each public university that receives an appropriation in section 236 shall also
certify that its president or chancellor and a member of its governing board
has reviewed all title IX reports involving the alleged sexual misconduct of an
employee of the university, and shall send the certification to the house and
senate appropriations subcommittees on higher education, the house and senate
fiscal agencies, and the state budget director by October 1, 2019.2020.
(3) For
purposes of this section, "sexual misconduct" includes, but is not
limited to, any of the following:
(a)
Intimate partner violence.
(b)
Nonconsensual sexual conduct.
(c)
Sexual assault.
(d)
Sexual exploitation.
(e)
Sexual harassment.
(f)
Stalking.
Sec. 267. All public universities
shall submit the amount of tuition and fees actually charged to a full-time
resident undergraduate student for academic year 2019-2020 2020-2021 as part of their higher education
institutional data inventory (HEIDI) data by October 1, 2019, 2020, and by August 31 of the last business day of August each
year thereafter. A public university shall report any revisions for any
semester of the reported academic year 2019-2020 2020-2021 tuition and fee charges to HEIDI
within 15 days of being adopted.
Sec. 268. (1) For the fiscal year
ending September 30, 2020, 2021, it is the intent
of the legislature that funds be allocated for unfunded North American Indian
tuition waiver costs incurred by public universities under 1976 PA 174, MCL
390.1251 to 390.1253, from the general fund.
(2) By February January 15 of each
year, the department of civil rights shall annually submit to the state budget
director, the house and senate appropriations subcommittees on higher
education, and the house and senate fiscal agencies a report on North American
Indian tuition waivers for the preceding academic year that includes, but is
not limited to, all of the following information:
(a) The
number of waiver applications received and the number of waiver applications
approved.
(b) For
each university submitting information under subsection (3), all of the
following:
(i) The number of graduate and
undergraduate North American Indian students enrolled each term for the
previous academic year.
(ii) The number of North American
Indian waivers granted each term, including to continuing education students,
and the monetary value of the waivers for the previous academic year.
(iii) The number of graduate and
undergraduate students attending under a North American Indian tuition waiver
who withdrew from the university each term during the previous academic year.
For purposes of this subparagraph, a withdrawal occurs when a student who has
been awarded the waiver withdraws from the institution at any point during the
term, regardless of enrollment in subsequent terms.
(iv) The number of graduate and
undergraduate students attending under a North American Indian tuition waiver
who successfully complete a degree or certificate program, separated by degree
or certificate level, and the graduation rate for graduate and undergraduate students
attending under a North American Indian tuition waiver who complete a degree or
certificate within 150% of the normal time to complete, separated by the level
of the degree or certificate.
(3) A
public university that receives funds under section 236, or a tribal college receiving pass-through funds under
section 269, 270, or 270c, shall provide to the department of
civil rights any information necessary for preparing the report detailed in
subsection (2), using guidelines and procedures developed by the department of
civil rights.
(4) The
department of civil rights may consolidate the report required under this
section with the report required under section 223, but a consolidated report
must separately identify data for universities and data for community colleges.
Sec. 269. For fiscal year 2019-2020, 2020-2021, from the
amount appropriated in section 236 to Central Michigan University for operations, $29,700.00 costs incurred under the North American Indian tuition
waiver, $79,700.00 shall be paid to Saginaw Chippewa
Tribal College for the costs of waiving tuition for North American Indians
under 1976 PA 174, MCL 390.1251 to 390.1253. It is the intent of the legislature that Saginaw Chippewa
Tribal College provide the department of civil rights the necessary information
for the college to be included in the report required under section 268.
Sec. 270. For fiscal year 2019-2020, 2020-2021, from the
amount appropriated in section 236 to Lake Superior State University for operations, $100,000.00 costs incurred under the North American Indian tuition
waiver, $0.00 shall be paid to Bay Mills Community
College for the costs of waiving tuition for North American Indians under 1976
PA 174, MCL 390.1251 to 390.1253.
It is the intent of the legislature that Bay Mills Community College provide
the department of civil rights the necessary information for the college to be
included in the report required under section 268.
Sec. 270b. (1) For fiscal year
2020-2021, from the amount appropriated in section 236 to Lake Superior State
University for 1-time pass-through payment for Bay Mills Community College,
$1,000,000.00 is to be paid to Bay Mills Community College for the costs of
educating non-Native American students.
(2) The
state treasurer shall direct Lake Superior State University to provide the
payment described in subsection (1) after the state budget director determines
that Bay Mills Community College submitted all of the information described in
subdivisions (a) to (f), as follows, in the form and manner specified by the
center. If the state budget director determines that Bay Mills Community
College failed to submit any of the following information in the form and
manner specified by the center, the state treasurer shall, subject to subsection
(3), direct Lake Superior State University to withhold the payment from the
community college until that information is submitted:
(a) The
Michigan community colleges verified data inventory data for the preceding
academic year to the center by the first business day of December of each year
as specified in section 217.
(b) The
college credit opportunity data set as specified in section 209.
(c) The
longitudinal data set for the preceding academic year to the center as
specified in section 219.
(d) The
annual independent audit as specified in section 222.
(e)
Tuition and mandatory fees information for the current academic year as
specified in section 225.
(f) The
number and type of associate degrees and other certificates awarded during the
previous academic year as specified in section 226.
(3) The
state budget director shall notify the chairs of the house and senate
appropriations subcommittees on community colleges at least 10 days before
directing funds to be withheld from Bay Mills Community College under this section.
Sec. 270c. For fiscal year 2020-2021,
from the amount appropriated in section 236 to Northern Michigan University for
costs incurred under the North American Indian tuition waiver, $50,000.00 is to
be paid to Keweenaw Bay Ojibwa Community College for the costs of waiving
tuition for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.
It is the intent of the legislature that Keweenaw Bay Ojibwa Community College
provide the department of civil rights the necessary information for the
community college to be included in the report required under section 268.
Sec. 275. (1) Each public university
that receives an appropriation in section 236 shall do all of the following:
(a)
Meet the provisions of section 5003 of the post-911 veterans educational
assistance act of 2008, 38 USC 3301 to 3327, including voluntary participation
in the Yellow Ribbon GI Education Enhancement Program established in that act
in 38 USC 3317. By October 1 of each year, each public university shall report
to the house and senate appropriations subcommittees on higher education, the
house and senate fiscal agencies, and the Michigan Association of State
Universities on whether or not it has chosen to participate in the Yellow
Ribbon GI Education Enhancement Program. If at any time during the fiscal year
a university participating in the Yellow Ribbon Program chooses to leave the
Yellow Ribbon Program, it shall notify the house and senate appropriations
subcommittees on higher education, the house and senate fiscal agencies, and
the Michigan Association of State Universities.
(b)
Establish an on-campus veterans' liaison to provide information and assistance
to all student veterans.
(c)
Provide flexible enrollment application deadlines for all veterans.
(d)
Include in its admission application process a specific question as to whether
an applicant for admission is a veteran, an active member of the military, a
member of the National Guard or military reserves, or the spouse or dependent
of a veteran, active member of the military, or member of the National Guard or
military reserves, in order to more quickly identify potential educational
assistance available to that applicant.
(e)
Consider all veterans residents of this state for determining their tuition
rates and fees.
(f)
Waive enrollment fees for all veterans.
(g)
Provide reasonable programming and scheduling accommodations necessary to
facilitate a student's military, national guard, or military reserves duties
and training obligations.
(2) By
October 1 of each year, each public university shall report to the house and
senate appropriations subcommittees on higher education, the house and senate
fiscal agencies, and the department of military and veterans affairs regarding
services provided specifically to veterans and active military duty personnel,
including, but not limited to, the services described in subsection (1).
(3) As
used in this section, "veteran" means an honorably discharged veteran
entitled to educational assistance under the provisions of section 5003 of the
post-911 veterans educational assistance act of 2008, 38 USC 3301 to 3327.
Sec. 275f. By February 1, 2021, each
public university receiving an appropriation in section 236 shall submit to the
senate and house appropriations subcommittees on higher education, the senate
and house fiscal agencies, and the state budget director a report on activities
related to strategic planning and internal assessment or reassessment to best
provide for open and free expression and speech, while protecting students from
hate-speech, violence, and discrimination.
Sec. 275g. (1) By September 30, 2021,
each public university receiving an appropriation in section 236 shall submit a
report to the senate and house appropriations subcommittees on higher
education, the senate and house fiscal agencies, and the state budget director
containing the following information:
(a) The
number of students enrolled during the 2020-2021 academic year.
(b) The
number of courses offered by course type.
(c) The
number of students enrolled by course type.
(d) The
drop rate and pass/fail rate by course type.
(e) The
average number of credit hours for which each student was enrolled at the start
and end of each semester.
(f) The
number of students residing on campus each semester.
(g) The
number of students residing on campus between semesters.
(2) By
November 1, 2020, each public university receiving an appropriation in section
236 shall submit a report to the senate and house appropriations subcommittees
on higher education, the senate and house fiscal agencies, and the state budget
director containing the following information:
(a) A
list of any student fees assessed related to online learning, and the amount of
those fees.
(b) A
list of any student fees assessed related to COVID-19, and the amount of those
fees.
(c) A
timeline of when decisions regarding the course types offered during the
2020-2021 academic year were made, and whether there were changes to those
decisions before the academic year began.
(d) An
overview of COVID-19 mitigation strategies employed or that may be employed, if
necessary.
(e) An
overview of COVID-19 testing criteria and mitigation strategies employed for
controlling an outbreak on campus.
(3) As
used in this section, "course type" means the style of course
delivery as being in-person, online, or as a hybrid of in-person and online
learning.
Sec. 275h. It is the intent of the
legislature to ensure that 60% of Michigan's residents achieve a postsecondary
credential, high-quality industry certification, associate degree, or
bachelor's degree by 2030.
Sec. 275i. (1) Each public university
receiving an appropriation in section 236 shall use a portion of those funds to
collect demographic information about students with dependent children to
better identify the needs of those students, barriers to degree and
certification completion for them, and campus support structures and resources
available to them. This demographic information must include at least all of
the following:
(a) The
number of students with dependent children enrolled per semester.
(b) The
number of students with dependent children enrolled living in university
residence halls, in dormitories, and in apartments.
(c) The
names of programs and resources available to students with dependent children,
as well as offices that support those students.
(d)
Identified barriers to certificate or degree completion for students with
dependent children.
(2) A
public university shall collect demographic information from students with
dependent children through a method best determined by the institution using
best practice research methodology. This may include admission application
questions, incoming-student orientation surveys, campus-wide climate surveys,
financial aid surveys, housing surveys, or partnerships with government and
nonprofit agencies that can provide general data that protects the individual
privacy rights of students with dependent children.
(3)
Student privacy rights must be protected during the collection process.
Reporting must be voluntary on the part of students with dependent children.
The public university shall include privacy protections for students and a
description of the rationale for collecting the data.
(4) Each
public university shall report to the senate and house appropriations subcommittees
on higher education, the senate and house fiscal agencies, and the state budget
director its collected data and survey results by the first business day of
February.
(5) The
collected data on students with dependent children will be used by the
legislature to inform future appropriation decisions.
Sec. 276. (1) Included in the
appropriation for fiscal year 2019-2020
2020-2021 for
each public university in section 236 is funding for the Martin Luther King,
Jr. - Cesar Chavez - Rosa Parks future faculty program that is intended to
increase the pool of academically or economically disadvantaged candidates
pursuing faculty teaching careers in postsecondary education. Preference may
not be given to applicants on the basis of race, color, ethnicity, gender, or
national origin. Institutions should encourage applications from applicants who
would otherwise not adequately be represented in the graduate student and
faculty populations. Each public university shall apply the percentage change
applicable to every public university in the calculation of appropriations in
section 236 to the amount of funds allocated to the future faculty program.
(2) The
program shall be administered by each public university in a manner prescribed
by the workforce development
agency. department
of labor and economic opportunity. The workforce development agency department of labor and economic
opportunity shall use a good faith effort standard to evaluate
whether a fellowship is in default.
Sec. 277. (1) Included in the
appropriation for fiscal year 2019-2020
2020-2021 for
each public university in section 236 is funding for the Martin Luther King,
Jr. - Cesar Chavez - Rosa Parks college day program that is intended to
introduce academically or economically disadvantaged schoolchildren to the
potential of a college education. Preference may not be given to participants
on the basis of race, color, ethnicity, gender, or national origin. Public
universities should encourage participation from those who would otherwise not
adequately be represented in the student population.
(2)
Individual program plans of each public university shall include a budget of
equal contributions from this program, the participating public university, the
participating school district, and the participating independent
degree-granting college. College day funds shall not be expended to cover
indirect costs. Not more than 20% of the university match shall be attributable
to indirect costs. Each public university shall apply the percentage change
applicable to every public university in the calculation of appropriations in
section 236 to the amount of funds allocated to the college day program.
(3) The
program described in this section shall be administered by each public
university in a manner prescribed by the workforce development agency.department of labor and economic
opportunity.
Sec. 278. (1) Included in section
236 for fiscal year 2019-2020
2020-2021 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select
student support services program for developing academically or economically
disadvantaged student retention programs for 4-year public and independent
educational institutions in this state. Preference may not be given to
participants on the basis of race, color, ethnicity, gender, or national
origin. Institutions should encourage participation from those who would
otherwise not adequately be represented in the student population.
(2) An
award made under this program to any 1 institution shall not be greater than
$150,000.00, and the amount awarded shall be matched on a 70% state, 30%
college or university basis.
(3) The
program described in this section shall be administered by the workforce development agency.department of labor and economic
opportunity.
Sec. 279. (1) Included in section
236 for fiscal year 2019-2020
2020-2021 is
funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks
college/university partnership program between 4-year public and independent
colleges and universities and public community colleges, which is intended to
increase the number of academically or economically disadvantaged students who
transfer from community colleges into baccalaureate programs. Preference may
not be given to participants on the basis of race, color, ethnicity, gender, or
national origin. Institutions should encourage participation from those who
would otherwise not adequately be represented in the transfer student
population.
(2) The
grants shall be made under the program described in this section to Michigan
public and independent colleges and universities. An award to any 1 institution
shall not be greater than $150,000.00, and the amount awarded shall be matched
on a 70% state, 30% college or university basis.
(3) The
program described in this section shall be administered by the workforce development agency.department of labor and economic
opportunity.
Sec. 280. (1) Included in the
appropriation for fiscal year 2019-2020
2020-2021 for
each public university in section 236 is funding for the Martin Luther King, Jr.
- Cesar Chavez - Rosa Parks visiting professors program which is intended to
increase the number of instructors in the classroom to provide role models for
academically or economically disadvantaged students. Preference may not be
given to participants on the basis of race, color, ethnicity, gender, or
national origin. Public universities should encourage participation from those
who would otherwise not adequately be represented in the student population.
(2) The
program described in this section shall be administered by the workforce development agency.department of labor and economic
opportunity.
Sec. 281. (1) Included in the
appropriation for fiscal year 2019-2020
2020-2021 in
section 236 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa
Parks initiative for the Morris Hood, Jr. educator development program which is
intended to increase the number of academically or economically disadvantaged
students who enroll in and complete K-12 teacher education programs at the
baccalaureate level. Preference may not be given to participants on the basis
of race, color, ethnicity, gender, or national origin. Institutions should
encourage participation from those who would otherwise not adequately be
represented in the teacher education student population.
(2) The
program described in this section shall be administered by each state-approved
teacher education institution in a manner prescribed by the workforce development agency.department of labor and economic
opportunity.
(3)
Approved teacher education institutions may and are encouraged to use student
support services funding in coordination with the Morris Hood, Jr. funding to
achieve the goals of the program described in this section.
Sec. 281a. (1) Each public university
that receives an amount of the appropriations in section 236 for the Martin
Luther King, Jr. - Cesar Chavez - Rosa Parks initiatives shall submit a report
to the department of labor and economic opportunity by December 15 of each year
containing, at a minimum, all of the following information from the immediately
preceding academic year:
(a) For
the future faculty program detailed in section 276, the number of completions
by degree type, and the fellowship default rate.
(b) For
the college day program detailed in section 277, the number of students served
and the amount of matching funds from each college and participating school
district.
(c) For
the select student support services program detailed in section 278, the number
of students served, the amount of any university matching funds for the
program, and the number and percentage of program participants who graduate.
(d) For
the college/university partnership program detailed in section 279, the number
of students served, the number of bachelor's degrees conferred to program participants,
the 6-year graduation rate of program participants, and the amount of any
university matching funds for the program.
(e) For
the visiting professors program detailed in section 280, the number of students
who took a class taught by an instructor hired using program funds, the number
of instructors hired using program funds, the number of class sections taught
by instructors hired using program funds, and the amount of any university
matching funds for the program.
(f) For
the educator development program detailed in section 281, the number of
students participating in the program and the number of education-related
bachelor's degrees conferred to participants in the program.
(2) By
February 15 of each year, the department of labor and economic opportunity
shall compile the reports submitted under subsection (1) and submit them to the
house and senate appropriations subcommittees on higher education, the house
and senate fiscal agencies, and the state budget director.
Sec. 282. Each institution receiving
funds for fiscal year 2019-2020
2020-2021 under
section 278, 279, or 281 shall provide to the workforce development agency department of labor and economic
opportunity by April 15, 2020 2021 the unobligated and unexpended funds as
of March 31, 2020 2021 and a plan to
expend the remaining funds by the end of the fiscal year. Notwithstanding the
award limitations in sections 278 and 279, the amount of funding reported as
not being expended will be reallocated to the institutions that intend to
expend all funding received under section 278, 279, or 281.
Sec. 289. (1) At In accordance with section 299(4) of
the management and budget act, 1984 PA 431, MCL 18.1299, at least
once every 4 years, the auditor general shall audit higher education
institutional data inventory (HEIDI) data submitted by all public universities
under section 241 and may perform audits of selected public universities if
determined necessary. The audits shall be based upon the definitions,
requirements, and uniform reporting categories established by the state budget
director in consultation with the HEIDI advisory committee. The auditor general
shall submit a report of findings to the house and senate appropriations
committees and the state budget director no later than July 1 of each year an
audit takes place.
(2)
Student credit hours reports shall not include the following:
(a)
Student credit hours generated through instructional activity by faculty or
staff in classrooms located outside Michigan, with the exception of
instructional activity related to study-abroad programs or field programs.
(b)
Student credit hours generated through credit by examination.
(c)
Student credit hours generated in new degree programs created on or after
January 1, 1975 and before January 1, 2013, that were not specifically
authorized for funding by the legislature, except spin-off programs converted
from existing core programs, and student credit hours generated in any new
degree programs created after January 1, 2013, that are specifically excluded
from reporting by the legislature under this section.
Sec. 296. (1) If
the maximum amount appropriated under this act from the state school aid fund
for a fiscal year exceeds the amount necessary to fully fund allocations under
this act from the state school aid fund, that excess amount shall not be
expended in that state fiscal year and shall not lapse to the general fund, but
instead shall be deposited into the school aid stabilization fund created in
section 11a.
(2) If the total maximum amount appropriated under all
articles of this act from the state school aid fund and the school aid
stabilization fund exceeds the amount available for expenditure from the state
school aid fund for that fiscal year, payments under sections 11f, 11g, 11j, 11m, 22a, 26a, 26b, 26c,
31d, 31f, 51a(2), 51a(12),
51a(11), 51c, 53a, 56, 147c, 147e(2)(a), and 152a shall be made in full. In
addition, for districts beginning operations after 1994-95 that qualify for
payments under section 22b, payments under section 22b shall be made so that
the qualifying districts receive the lesser of an amount equal to the 1994-95
foundation allowance of the district in which the district beginning operations
after 1994-95 is located or $5,500.00. The amount of the payment to be made
under section 22b for these qualifying districts shall be as calculated under
section 22a, with the balance of the payment under section 22b being subject to
the proration otherwise provided under this subsection and subsection (3). If
proration is necessary, state payments under each of the other sections of
article I from all state funding sources, and state appropriations to community
colleges and public universities under articles II and III from the state
school aid fund, shall be prorated in the manner prescribed in subsection (3)
as necessary to reflect the amount available for expenditure from the state
school aid fund for the affected fiscal year. However, if the department of
treasury determines that proration will be required under this subsection, or
if the department of treasury determines that further proration is required
under this subsection after an initial proration has already been made for a
fiscal year, the department of treasury shall notify the state budget director,
and the state budget director shall notify the legislature at least 30 calendar
days or 6 legislative session days, whichever is more, before the department
reduces any payments under this act because of the proration. During the
30-calendar-day or 6-legislative-session-day period after that notification by
the state budget director, the department shall not reduce any payments under
this act because of proration under this subsection. The legislature may
prevent proration from occurring by, within the 30-calendar-day or
6-legislative-session-day period after that notification by the state budget
director, enacting legislation appropriating additional funds from the general
fund, countercyclical budget and economic stabilization fund, state school aid
fund balance, or another source to fund the amount of the projected shortfall.
(3) If proration is necessary under subsection (2), the
department shall calculate the proration in district and intermediate district
payments under article I that is required under subsection (2), and the
department of treasury shall calculate the proration in community college and
public university payments under articles II and III that is required under
subsection (2), as follows:
(a) The department and the department of treasury shall
calculate the percentage of total state school aid fund money that is
appropriated and allocated under this act for the affected fiscal year for each
of the following:
(i) Districts.
(ii) Intermediate districts.
(iii) Entities receiving funding from the state school aid fund
under article I other than districts or intermediate districts.
(iv) Community colleges and public universities that receive
funding from the state school aid fund.
(b) The department shall
recover a percentage of the proration amount required under subsection (2) that
is equal to the percentage calculated under subdivision (a)(i) for districts by reducing payments to districts. This
reduction shall be made by calculating an equal dollar amount per pupil as
necessary to recover this percentage of the proration amount and reducing each
district's total state school aid from state sources, other than payments under
sections 11f, 11g, 11j, 11m,
22a, 26a, 26b, 26c, 31d, 31f, 51a(2), 51a(12), 51a(11), 51c,
53a, 147c, 147e(2)(a), and 152a, by that amount.
(c) The department shall
recover a percentage of the proration amount required under subsection (2) that
is equal to the percentage calculated under subdivision (a)(ii) for intermediate districts by reducing payments to
intermediate districts. This reduction shall be made by reducing the payments
to each intermediate district, other than payments under sections 11f, 11g, 26a, 26b, 26c, 51a(2),
51a(12), 51a(11), 53a,
56, 147c, 147e(2)(a), and 152a, on an equal
percentage basis.
(d) The department shall
recover a percentage of the proration amount required under subsection (2) that
is equal to the percentage calculated under subdivision (a)(iii) for entities receiving funding from the state school aid
fund under article I other than districts and intermediate districts by
reducing payments to these entities. This reduction shall be made by reducing
the payments to each of these entities, other than payments under sections 11j, 11m, 26a, and 26b, and 26c on an equal percentage basis.
(e) The department of
treasury shall recover a percentage of the proration amount required under
subsection (2) that is equal to the percentage calculated under subdivision
(a)(iv) for community colleges and public universities that receive
funding from the state school aid fund by reducing that portion of the payments
under articles II and III to these community colleges and public universities, other than payments under sections 201(5) and 236(4),
that is from the state school aid fund on an equal percentage basis.
Enacting section
1. (1) In accordance with section 30 of article IX of the state constitution of
1963, total state spending on school aid under article I of the state school
aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2019 PA
58, 2019 PA 162, 2020 PA 146, and this amendatory act, from state sources for
fiscal year 2019-2020 is estimated at $13,051,648,700.00 and state
appropriations for school aid to be paid to local units of government for
fiscal year 2019-2020 are estimated at $12,845,578,900.00. In accordance with
section 30 of article IX of the state constitution of 1963, total state
spending on school aid under article I of the state school aid act of 1979,
1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2020 PA 147, 2020 PA 148,
2020 PA 149, and this amendatory act, from state sources for fiscal year
2020-2021 is estimated at $13,718,286,400.00 and state appropriations for
school aid to be paid to local units of government for fiscal year 2020-2021
are estimated at $13,546,289,200.00.
(2) In accordance with section 30 of article IX
of the state constitution of 1963, total state spending from state sources for
community colleges for fiscal year 2020-2021 under article II of the state
school aid act of 1979, 1979 PA 94, MCL 388.1801 to 388.1830, is estimated at
$425,667,600.00 and the amount of that state spending from state sources to be
paid to local units of government for fiscal year 2020-2021 is estimated at
$425,667,600.00.
(3) In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for higher education for fiscal year 2020-2021 under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1891, is estimated at $1,573,899,000.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2020-2021 is estimated at $0.00.
Enacting section 2. (1) Article V of the state school aid act of 1979, 1979 PA 94, MCL 388.1897 to 388.1897l, is repealed effective October 1, 2020.
(2) Sections 31b, 35c, 54e, 61f, 64d, 74a, 95a, 99v, 102d, 201a, 201c, 210f, 236a, 236g, and 265c of the state school aid act of 1979, MCL 388.1631b, 388.1635c, 388.1654e, 388.1661f, 388.1664d, 388.1674a, 388.1695a, 388.1699v, 388.1702d, 388.1801a, 388.1801c, 388.1810f, 388.1836a, 388.1836g, and 388.1865c, are repealed effective October 1, 2020.
Enacting section 3. (1) Except as otherwise provided in subsection (2), this amendatory act takes effect October 1, 2020.
(2) Sections 11, 11p, 22a, 22b, 31n, 51c, 56, 62, and 99w of the state school aid act of 1979, MCL 388.1611, 388.1611p, 388.1622a, 388.1622b, 388.1631n, 388.1651c, 388.1656, 388.1662, and 388.1699w, as amended by this amendatory act, take effect upon enactment of this amendatory act.